Shahil Khan vs State Of Chhattisgarh
2022 Latest Caselaw 6043 Chatt

                                                1

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet,
                                     CRA No. 1317 of 2022


     Shahil Khan S/o Sakil Khan Aged About 22 Years R/o Musalman Mohalla Takhapur, P.S.
     Takhatpur, District Bilaspur Chhattisgarh

                                                                                  ---- Appellant

                                             Versus

   State Of Chhattisgarh Through P.S. Takhatpur, District Bilaspur Chhattisgarh

                                                                                  ---- Respondent

27.09.2022 Smt. Aditi Singhvi (Agrawal), counsel for the appellant.

Ms. Abhyunnati Singh, P.L. for the State/respondent.

Shri B.M.Rai appears on behalf of the prosecutrix/objector.

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

and grant of bail.

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

12.08.2022 passed by the learned Additional Sessions Judge (Fast Track Special

Court), Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No.69/2020, the

appellant stands convicted and sentenced in the following manner :-

                            Conviction                                     Sentence
                     Under Section 457 IPC               R.I. for three years and fine of Rs.1000/-
                                                         and in default of payment of fine, further
                                                         imprisonment for six months.
                       Under Section 354 IPC             R.I. for three years and fine of Rs.1000/-
                                                         and in default of payment of fine, further
                                                         imprisonment for six months.
                   Under Section 506 Part-II IPC         R.I. for three years and fine of Rs.1000/-
                                                         and in default of payment of fine, further
                                                         imprisonment for six months.
                 Under Section 7/8 of Protection of      R.I. for three years and fine of Rs.1000/-

Children from Sexual Offences Act, 2012 and in default of payment of fine, further imprisonment for six months.

All the sentences are directed to run concurrently.

Learned counsel appearing for the appellant submits that since a short term jail

sentence has been awarded to the appellant, therefore, substantive jail sentence

imposed upon him be suspended during pendency of this appeal and in support she

placed her reliance upon a decision rendered by the Supreme Court in the matter of

Kiran Kumar vs. State of M.P. reported in (2001) 9 SCC 211. It is contended further

that during trial the appellant was on bail and he never misused the terms and

conditions imposed upon him and since the appeal is likely to take some more time

for its disposal, therefore, he may be released on bail. .

On the other hand, learned counsel appearing for the respondent/State as well

as learned counsel appearing for the Objector have opposed the said application.

I have heard learned counsel appearing for the parties and perused the entire

record carefully.

Taking into consideration the short term jail sentence awarded to the appellant

vide impugned judgment in the light of the above mentioned judgment and also taking

into consideration that the appellant, who was released on bail during trial, has never

misused the terms and conditions imposed upon him, therefore, I am inclined to

allow this application.

Accordingly, I.A.No.01/2022 is allowed and it is directed that the substantive jail

sentence imposed upon the appellant shall remain suspended during pendency of

this appeal and he shall be released on bail on his furnishing a personal bond in sum

of Rs.25,000/- along with one surety of like amount to the satisfaction of the

concerned trial Court for his appearance before the said Court on 21.11.2022 and

thereafter shall continue to appear on all such further dates as are given to him by

the said Court in that behalf, till disposal of this appeal.

In view of above, I.A.No.01/2022 stands disposed of.

List the matter for final hearing in its due course.

Sd/-

(Sanjay S. Agrawal) Judge

Anjani