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Judgment
18 paragraphs · 350 wordsHeard on I.A. No. 01/2021, which is the application for suspension of sentence and grant of bail.
The appellant has been convicted by the judgment/ order dated 22.12.2020 passed by the learned Additional Sessions Judge, First Fast Track Special
Judge (POCSO) Distt. Durg (C.G.) in Special Sessions Trial No. 08/2018 for the offence punishable under Section 354 of IPC & Section 8 of
POCSO Act and sentenced to undergo R.I. for 5 years with fine sentences and further default stipulations.
Learned counsel for the appellant submits that the nature of the allegation made is not so grave and the appellant is in jail since 22.12.2020. He further
submits that the appeal is of the year 2021 and the hearing of the appeal may take some time, therefore, the substantive jail sentence imposed upon the
appellant may be suspended and he may be released on bail.
Learned State counsel opposes the submission. Considering the nature and degree of allegation made against the appellant and the fact that the
appellant is in jail since 22.12.2020 as also the fact that the hearing on the merits of appeal will likely to take time, I am inclined to suspend the
sentence and release the appellant on bail.
Accordingly, I.A. No. 01/21 application for suspension of sentence and grant of bail is allowed.
Execution of further substantive jail sentence imposed on appellant shall remain suspended and they are directed to be released on bail on their
executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Trial Court for their
appearance before the Registry of this Court on 5th August, 2021. He shall thereafter appear before the concerned 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.
Accordingly, I.A. No. 01 i.e. application for urgent hearing and I.A. No. 02 i.e. application for hearing the matter in summer vacation stands disposed
off.