Jexan Masih vs State Of Chhattisgarh
2023 Latest Caselaw 322 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                             CRA No. 1847 of 2022

 Jexan Masih S/o James Masih Aged About 37 Years R/o Ganeshpur, Police Station
  Simga, District Balodabazar-Bhatapara (C.G.)
                                                                        ---- Appellant
                                     Versus
 State Of Chhattisgarh Through Station House Officer, Police Of Police Station Simga,
  District Baloda Bazar-Bhatapara (C.G.)
                                                                     ---Respondent

16.01.2023 Mr. Anil Gulati, counsel for the appellant.

Mr. B.L. Sahu, Panel Lawyer for the State.

Heard on application for suspension of sentence. By the impugned judgment dated 14.11.2022 passed by the learned Additional District and Sessions Judge, FTSC (POCSO), Bhatapara District- Baloda Bazar - Bhatapara (C.G.) in Special Criminal Case No. H-06/2021, the appellant stands convicted, as under:-

                      Conviction                           Sentence
                 U/s 354 of IPC           : R.I. for 3 years and fine of Rs.2000/-,
                                              in default of payment of fine, 1 month
                                              R.I.


                 U/s 8 of POCSO Act       : R.I. for 3 years and fine of Rs.2000/-,
                                              in default of payment of fine, 1 month
                                              R.I.

Learned counsel for the appellant would submit that the

appellant has been falsely convicted without appreciating the evidence on record, the appellant has been awarded short sentence of three years, he has already remained in jail for 19 days during trial and further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence be kindly be suspended.

On the other hand, learned State counsel would submit that the appellant has rightly been convicted after appreciating the facts and materials available on record, hence, the application for suspension of sentence be kindly rejected.

The victim has appeared before this Court and raised objection in suspension of sentence and grant of bail to the appellant.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for three years and further 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 awarded to 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 22 nd February, 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. The dates given by the trial Court for appearance of the appellant should not be in the interval of more than 90 days.

It is directed that if any such allegation is again made by the complainant against the appellant, the concerned Superintendent of Police and the Thana In-charge shall take personal interest and investigate the matter.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

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