Citation : 2025 Latest Caselaw 3296 Chatt
Judgement Date : 26 June, 2025
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Digitally
signed by A
A ANNAJEE
RAO
ANNAJEE Date:
RAO 2025.06.26
17:48:38
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1058 of 2025
AKASH VERMA @ DABBU versus STATE OF CHHATTISGARH
Order Sheet
26/06/2025
Mr. G.V.K. Rao, counsel for the appellant.
State by Mr. Vivek Sharma, Panel Lawyer, for the State. Heard on I.A.No.1 for suspension of sentence and grant of bail to the appellant.
The appellant stands convicted by the Judgment 05.05.2025 passed by the learned Addl. Sessions Judge, (2 nd FTC) Special Court (POCSO Act), Bilaspur in Special Criminal Case (POCSO Act) No. 92/2024. The conviction and sentence of the appellant are as follows :
U/s 341/34 of IPC S.I., for 1 year and fine of Rs.500/-, in default of payment of fine, Additional SI for 7 days.
U/s 7/8 of the RI for 3 years and fine of Rs.500/-, in POCSO Act, 2012 default of payment of fine, additional RI for 15 days
Learned counsel for the appellant would submit that the appellant was in jail for 4 months and 20 days during trial and thereafter he was enlarged on bail and did not misuse the liberty granted to him. He further submits that the maximum jail
sentence imposed against him is RI for 3 years and even while passing the impugned judgment, his sentence was temporarily suspended by the trial Court so as to file the appeal and get bail from this Court. He further submits that there is no immediate possibility of hearing this appeal on merits, therefore, his jail sentence may be suspended during the pendency of this appeal.
Per contra, learned State Counsel opposes the prayer. The victim has appeared through VC and objected to grant of bail.
Considering the fact that the appellant was on bail during trial and did not misuse the liberty granted to him and looking to the short term sentence imposed against him as also the fact that hearing of appeal is likely to take time, I am inclined to suspend the remaining sentence and release him on bail.
Accordingly, I.A.No. 1 is allowed and it is directed that the 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 the trial Court for his appearance before the Registry of this Court on 12th September, 2025. 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.
Cc as per rules.
Sd/-
Rao (Sanjay Kumar Jaiswal)
Judge
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