Chattisgarh High Court
Raju Nishad vs State Of Chhattisgarh on 1 April, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1047 of 2019
Raju Nishad S/o Suhiram Nishad Aged About 21 Years R/o Near Budhram Kirana
Store, Village Meda, Police Station Dongargarh, District Rajnandgaon Chhattisgarh.
----- Appellant
Versus
State Of Chhattisgarh Through District Magistrate, Rajnandgaon, District
Rajnandgaon Chhattisgarh.
---- Respondent
01/04/2021 Shri Prafull N. Bharat, counsel for the appellant.
Dr. (Ms.) Veena Nair, Dy. Adv. Gen. for the State.
Heard on admission.
Admit.
Heard on I.A. No.1/2019 application for suspension of sentence and grant
of bail.
By the impugned judgment dated 15/05/2019 passed by the Additional
Judge, Dongargarh of First Additional Sessions Judge, Rajnandgaon, District-
Rajnandgaon (C.G.) in Special Criminal Case No. 02/2019, the appellant stands
convicted and sentenced as under:-
Conviction Sentences
Under Section 8 of POCSO Act, 2012 Imprisonment for 3 years R.I. and fine
of Rs.500/-, in default of payment of fine
R.I. for 6 months
Learned counsel for the appellant submits that there is no reliable
evidence against the present appellant to involve him in this case, essential
ingredient of the offence for convicting the appellant is missing, the appellant is
young offender, appellant is in custody since 03/02/2019 and has completed more
than two years. The appellant is ready and willing to furnish adequate security
passed by this Hon'ble Court, he has no criminal antecedents and disposal of this
appeal is likely to take some time, therefore, the appellant be released on bail.
On the other hand, learned counsel for the State opposes bail and submits
that appellant has no criminal antecedents.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case and looking to the
detention period of the accused and statement of evidence of prosecutrix (PW-3),
no criminal antecedents as admitted by both the counsel and that disposal of this
appeal is likely to take some time, without further commenting on merit, I am of the
opinion that present is a fit case to suspend the jail sentence imposed upon the
appellant and to release him on bail.
Accordingly, the application (I.A. No.1/2019) for suspension of sentence and
grant of bail is allowed.
It is directed that the execution of substantive jail sentence imposed upon
the appellant shall remain suspended during the pendency of this appeal
and he shall be released on bail on his furnishing a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial
Court.
He shall appear before the trial Court on 10.08.2021 and
thereafter continue to appear there on all such dates as are given to him by the
said Court till disposal of this appeal. The appellant shall not involve himself in any
offence of similar nature in future.
List the case for final hearing in due course.
Sd/- /-
(Gautam Chourdiya)
Judge
Kamde
