Manishankar @ Raju Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 48 Chatt

                                                                            Page 1 of 3

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 1962 of 2022

 Manishankar @ Raju Sahu S/o Bhagirathi Sahu Aged About 19 Years R/o Village
  Raikona, Police Station Sarsiwa, District : Balodabazar-Bhathapara, Chhattisgarh
                                                                           ---- Appellant
                                       Versus
 State Of Chhattisgarh Through Station House Officer, Sarsiwa, District : Balodabazar-
  Bhathapara, Chhattisgarh
                                                                         ---Respondent

03.01.2023 Mr. S.P. Sahu, counsel for the appellant.

Mr. Abhyunnati Singh, Panel Lawyer for the State. Heard on application for suspension of sentence. By the impugned judgment dated 02.12.2022 passed by the learned Upper District and Session Judge FTSC (POCSO Act),, Baloda Bazar, District- Baloda Bazar-Bhatapara (C.G.) in Special Criminal Case (POCSO) No. 36/2021, the appellant stands convicted, as under:-

Conviction Sentence U/s 12 of the POCSO : R.I. for 1 year and fine of Rs.2000/-, in Act default of payment of fine, 06 months R.I.

U/s 323 of IPC : fine of Rs.1000/-, in default of payment of fine, 6 months R.I.

Learned counsel for the appellant would submit that the

appellant has been falsely convicted without appreciating the evidence on record, during the trial he was on bail and has not misused the liberty granted to him, he has been awarded short sentence of one year and further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence awarded to the appellant 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 appeared through DLSA Baloda Bazar and has raised objection in releasing the appellant on bail.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for one year 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 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 18 th January, 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. While giving dates for appearance, the interval of dates given should not be

more than 90 days.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

kkd