Anand Sinha vs State Of Chhattisgarh
2022 Latest Caselaw 6041 Chatt

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                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                                   Order Sheet

                                         Cr.A. No. 1515 of 2022
         Anand Sinha S/o Shivshankar Sinha Aged About 27 Years R/o Village - Rajpuri Khurd,
          Police Station - District Surguja Chhattisgarh.

                                                                                             ---- Appellant

                                                    Versus

         State Of Chhattisgarh Through S.H.O. Ambikapur District Surguja Chhattisgarh.

                                                                                          ---- Respondent

27.09.2022 Shri Nishi Kant Sinha, counsel for the Appellant.

Shri R. M. Solapurkar, Govt. Advocate for the State/Respondent.

Heard on admission.

Admit.

Since Shri Solapurkar accepts notice on behalf of the Respondent/State, therefore,

no notice is required to be issued.

Heard on I.A. No.01/2022, an application for suspension of sentence and grant of

bail.

By virtue of the impugned judgment of conviction and order of sentence dated

13.09.2022 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO

Act), Ambikapur, District Surguja (C.G.) in Special Criminal POCSO Case No.64/2017

(Criminal No.621/2017), the Appellant stands convicted and sentenced as under:-

                           Conviction                                Sentence

                        U/s 354 of IPC        R.I. for 3 year and fine of Rs.1,000/- and in default of
                                              payment of fine amount further R.I. for 3 months.

Learned counsel appearing for the Appellant submits that the maximum jail sentence

imposed upon the Appellant is of three years and fine amount is of Rs.1,000/-, which has

already been deposited. It is contended further that the Appellant was on bail during trial

and even after passing of the judgment under appeal, he has been granted temporary bail

and during the said period, he has never misused the terms and conditions as imposed

upon him by the concerned Court below. It is contended further that since the appeal will

take some time for its final disposal, therefore, he may be enlarged on bail.

On the other hand, learned counsel appearing for the State/Respondent has

opposed the same.

Taking into consideration the short term of sentence awarded to the Appellant under

the impugned judgment and also taking into consideration that during trial, the Appellant

was on bail and he never misused the terms and conditions as imposed upon him, I am,

therefore, inclined to suspend the jail sentence as awarded to him.

Accordingly, the said application is allowed and it is directed that the substantial jail

sentence imposed upon the Appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on his furnishing a personal bond of Rs.25,000/-

along with one surety of like sum to the satisfaction of the concerned trial Court for his

appearance before the said Court on 05 th December, 2022 and thereafter continue to

appear on such further dates as are given to him in that behalf, till the final disposal of this

appeal.

I.A. No.01/2022 stands disposed of.

Call for record of the Court below and post this matter after five weeks for further

orders. Sd/-

(Sanjay S. Agrawal) Judge

Nikita