Rohit Kumar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 6393 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                             Order Sheet
                              CRA No. 1213 of 2022
  Rohit Kumar Yadav S/o Birbal Yadav Aged About 23 Years R/o - Aamapali, Police
   Station - Baradwar, District - Janjgir - Champa Chhattisgarh ---- Appellant.
                                      Versus
  State of Chhattisgarh Through Station House Officer, Baradwar, District , Janjgir -
   Champa Chhattisgarh                                          ---- Respondent

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19-10-2022 Mr. Sachin Nidhi, counsel for the appellant.

Mr. Praveen Shrivastava, PL for the State. Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the Judgment dated 22-7- 2022 passed by the Court of learned Special Judge (FTSC), Sakti, District Janjgir Champa in Special Criminal Case No 13 of 2021 for the offence punishable under Section 452 of IPC and sentenced to undergo RI for 1 year and fine of Rs.1000/- in default of payment of fine to undergo further RI for three months and under Section 8 of the Protection of Children from Sexual Offices Act, 2012 and sentenced to undergo R.I., for three years and to pay fine of Rs. 2000/- in default of payment of fine to undergo further RI for six months. Both sentences are directed to run concurrently.

Learned counsel for the appellant would submit that the maximum sentence imposed against the appellant is R.I., for three years whereas he has already been served jail sentence more than five months and even after his conviction his further jail sentence was suspended by the trial Court so as to prefer appeal before this Court. He further submits that hearing of appeal on merits will take some time and looking to the short term sentence, the appellant may be released on bail.

On the other hand, learned State counsel opposes the bail application.

Looking to the short term sentence and further considering the fact that the appellant has already completed more than five months out of three years of RI, as also the fact that hearing of appeal will take some time, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant 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 the trial Court for his appearance before the Registry of this Court on 23-1-2023. 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 the disposal of this appeal.

Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju