HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1013 of 2020
Ladu @ Jageshwar Prasad Kewat Son of Dilharan Kewat, aged about 23 years
Resident of Gondaiya Nawapara, Police Station- Ratanpur, District : Bilaspur,
Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh through The Station House Officer, Police Station- Ratanpur,
District : Bilaspur, Chhattisgarh
---- Respondent
17.03.2022 Mr. Goutam Khetrapal, Counsel for the appellant.
Mr. C.B. Kesharwani, P.L. for the State/Respondent. Heard I.A. No. 01/2020, an application for suspension of sentence and grant of bail to the appellant.
Victim of this case is present today along with her father. On being asked, they have no objection for grant of bail to the appellant.
By the impugned judgment date 11.12.2020 passed in Special Criminal Case No.85/2019 by the learned Additional Sessions Judge, Second Fast Track Special Court, Bilaspur, District: Bilaspur (C.G.) the appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 452 of IPC RI for 3 years with a In default of payment
fine amount of of fine amount
Rs.1,000/-. additional RI for 6
months.
U/s 354 of IPC RI for 3 years with a In default of payment
fine amount of of fine amount
Rs.1,000/-. additional RI for 6
months.
U/s 7/8 of POCSO RI for 5 years with a In default of payment Act, 2012 fine amount of of fine amount Rs.2,000/-. additional RI for 6 months.
U/s 11/12 of POCSO RI for 3 years with a In default of payment Act, 2012 fine amount of of fine amount Rs.1,000/-. additional RI for 6 months.
All the sentences awarded to the appellant shall run concurrently.
Learned counsel for the appellant submits that the appellant has been wrongly convicted by the Trial Court in the judgment without there being any sufficient evidence available on record. He further submits that the appellant is in jail since 05.05.2019 and appeal will take some more time, therefore, it is prayed that appellant be granted bail.
On the other hand, Learned counsel for the State has opposed the bail application and submissions made in this respect.
After perusing the impugned judgment and considering the fact that both the parties have settled their matter, the appellant has undergone about 2 ½ years in jail, and appeal is likely to take some more time, therefore, I am of the opinion that the application should be allowed.
Accordingly, I.A. No.1/2020 is allowed. Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 22.08.2022. 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 case for final hearing in due course.
Sd/-
(Arvind Singh Chandel) Judge Saurabh