Chhabel Patel vs State Of Chhattisgarh
2022 Latest Caselaw 6363 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               CRA No. 1393 of 2022

Chhabel Patel, S/o Shri Sukla Patel, Aged About 40 Years, R/o Village
Baherabhatha, Police Out Post - Tuhalu, Thana Komakhan, District- Mahasamund
(C.G.)
                                                                  ---- Appellant
                                  Versus
State of Chhattisgarh, Through The District Magistrate, Mahasamund, District-
Mahasamund (C.G.)
                                                                ---Respondent

18.10.2022 Mr. Sumit Shrivastava, counsel for the appellant.

Mr. R.M. Solapurkar, Govt. Advocate for the State/respondent. Heard on application for suspension of sentence and grant of bail. By the impugned judgment dated 17.08.2022 passed by the learned Special Judge (Protection of Children from Sexual Offences Act, 2012), Mahasamund (C.G.) in Special Criminal Case No. H-38/2021, the appellant stands convicted, as under:-

                    Conviction                            Sentence
              U/s 8 of POCSO Act       : R.I. for 3 years and fine of Rs. 2000/- in

default of fine additional S.I. for 2 months.

U/s 451 of IPC : R.I. for 1 year and fine of Rs. 500/- in default of fine additional S.I. for 15 days.

U/s 3(1)(w)(i) of SC/ST : R.I. for 1 year and fine of Rs. 500/- in Act default of fine additional S.I. for 15 days.

(All the sentences run concurrently and fine amount has been deposited on 17.08.2022) Learned counsel for the appellant would submit that the appellant was on bail during trial and did not misuse the liberty granted to him.

There is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed.

Learned State counsel opposes the bail application submitting that the prosecution has proved the case beyond reasonable doubt, therefore, this appellant is not entitled for grant of bail.

Considering the fact that the maximum jail sentence awarded to the appellant is R.I. for 3 years, the appellant was on bail during trial and did not misuse the liberty granted to him and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 19th December, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said court till disposal of this appeal.

List this appeal for final hearing in the month of March, 2023.

Sd/-

(Narendra Kumar Vyas) Judge Arun