Parasram Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6088 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                         CRA No. 1541 of 2022
  Parasram Sahu S/o Ramnath Sahu Aged About 42 Years Resident Of Village
   Teliguda, Police Station Ranchirai, District Balod Chhattisgarh ---- Appellant
                                            Versus
  State Of Chhattisgarh Through Station House Officer, Police Station Ranchirai,
   District Balod Chhattisgarh                                    ---Respondent

28.09.2022 Shri Rajeev Kumar Shrivastava, counsel for the Appellant.

Shri R.M. Solapurkar, G.A. for the State/Respondent. Heard on admission.

Admit.

No notice is required to be issued to the Respondent/State, as State counsel accepts notice on its behalf.

Heard on I.A.No.01/2022, an application filed under Section 389 of Code of Criminal Procedure, 1973, for suspension of sentence and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence dated 08.09.2022, passed by the learned Special Judge (Protection of Children from Sexual Offences Act, 2012) Balod, District-Balod in Special Sessions Case (POCSO) No.86 of 2019 , the Appellant stands convicted and sentenced as under:-

                     Conviction               Sentence
                     U/s 368 of I.P.C.        R.I. for 2 years and with a fine amount of

Rs.2,000/- in case of default in payment of fine amount R.I. for 2 months.

Learned counsel appearing for the Appellant submits that by virtue of impugned judgment, a short term of jail sentence has been awarded to the appellant and contended further that during trial, he was on bail and has never misused the terms and conditions as imposed upon him by the concerned Court below, therefore, the jail sentence as awarded to him be suspended, during the pendency of this appeal, as this appeal will take some time for its disposal.

On the other hand, learned counsel appearing for the Respondent/State has opposed the said application.

I have heard learned counsel for the parties and perused the entire record carefully.

Taking into consideration the short term of jail sentence awarded to the Appellant and also taking into consideration that he was on bail during trial and has never misused the terms and conditions imposed upon him, I am, therefore, inclined to allow this application.

Accordingly, the application is allowed and it is directed that the substantive 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 21.11.2022 and, thereafter, continue to appear on such further dates as are given to him in that behalf, till the disposal of this appeal.

In view of the above, I.A.No.1/2022 stands disposed of. Call for record of the Court below.

Post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge vivek