Chattisgarh High Court
Shivkumar Mahar vs State Of Chhattisgarh on 5 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.A No.666 of 2021
Shivkumar Mahar S/o Shri Gorelal Mahar Aged About 21 Years R/o Village Joki
(Avaspara) P.S. Sakri, District Bilaspur Chhattisgarh. --- Appellant
Versus
State Of Chhattisgarh Through District Magistrate Bilaspur (Police Station Incharge
Sakri District Bilaspur Chhattisgarh. ---- Respondent
05.04.2022 Shri Surersh Pandey, counsel for the Appellant.
Shri Sudhir Sahu, PL for the State.
Heard on IA No.01/2021, an application for suspension of sentence and grant of bail.
The accused/Appellant has been convicted vide judgment of conviction and order of sentence dated 19.02.2021 passed by the Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur in Special Criminal Case (POCSO Act) No.73/2018 for the offence punishable under Sections 454, 354B IPC and under Sections 7 & 8 of the POCSO Act and sentenced to undergo R.I for 3 years with fine of Rs.1,000/-, to undergo RI for 7 years with fine of Rs.4,000/- under Sections 454 and 354B respectively only with usual default stipulations.
Learned counsel for the accused/Appellant submits that prima facie the Appellant has a very good case and there is every chance to succeed, during trial, he was on bail and not misused the liberty and after conviction, he is in jail. He further submits that the age of the prosecutrix is disputed and the Appeal is likely to take considerable time for its final disposal, therefore, the present Appellant may be enlarged on bail.
On the other hand, learned State counsel opposes the bail application.
Prosecutrix present in person along with her mother before this Court and not opposed the bail application.
Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, without further commenting anything on merits, I am inclined to suspend the jail sentence imposed on the Appellant and grant him bail.
Accordingly, IA No.01/2021 is allowed and it is directed that the substantive jail sentence imposed upon the Appellant shall remain suspended during the pendency of the Appeal and he shall be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance before the trial Court on 29th of April, 2022 and thereafter on all such dates as may be given to him till final disposal of this Appeal.
Post the matter for final hearing in its due course.
Sd/-
(Deepak Kumar Tiwari) Judge Priya