Bhagirathi @ Jai Patle vs State Of Chhattisgarh
2023 Latest Caselaw 503 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 1335 of 2022

 Bhagirathi @ Jai Patle S/o Narayan Prasad Patle, Aged About 36 Years R/o Awaspara,
  Amtara P.S. Koni, District Bilaspur (Chhattisgarh)
                                                                         ---- Appellant
                                      Versus
 State Of Chhattisgarh Through The District Magistrate Bilaspur (Chhattisgarh)
                                                                       ---Respondent

24.01.2023 Mr. Raj Kumar Gupta, counsel for the appellant.

Mr. R.M. Solapurkar, Government Advocate for the State. Heard on application for suspension of sentence. By the impugned judgment dated 25.06.2021 passed by the learned Additional Sessions Judge (Ist FTC) Bilaspur (C.G.) in Special Criminal Case No. 122/2019, the appellant stands convicted, as under:-

                        Conviction                            Sentence
                 U/s 8 of POCSO Act         : R.I. for 3 years and fine of Rs.300/-, in
                                               default of payment of fine, 4 month R.I.


                 U/s 354 of IPC             : R.I. for 2 years and fine of Rs.200/-, in
                                               default of payment of fine, 3 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 sentence for two years and three years but the sentences have been ordered to

run separately, as such he has been convicted for five years, out of which he has already remained in jail for 1 year and 9 months, and further the appeal being of the year 2022, final hearing of the same will likely to take time, therefore, the sentences awarded to the appellant be kindly 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.

Pursuant to the order passed by this Court, the victim along with her mother has appeared before this Court and has stated that she has no objection in suspending the sentence awarded to the appellant.

I have heard learned counsel for the parties, the victim and perused the record.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for 5 years and he has completed 1/3rd of the sentence 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 23 rd 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.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

kkd