Raju Pathan vs State Of Chhattisgarh
2021 Latest Caselaw 1579 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                           CRA No. 1084 of 2018

• Raju Pathan, S/o Suman Pathan, Aged about 45 years, R/o Sardar Mohalla,
  Police Station- Sirgitti, District- Bilaspur (C.G.).

                                                                      ---- Appellant

                                   Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station- Sirgitti,
  District- Bilaspur (C.G.).

                                                                    ---- Respondent

05.08.2021 Mr. Roop R. Naik, Counsel for the Appellant.

Mr. Amit Singh, P.L. for the State/Respondent.

Heard on I.A. No. 01/2018, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 08.06.2018 passed in

Special Criminal Case (POCSO) No. 138/2016 by the learned

Third Additional Sessions Judge/Special Judge (POCSO Act),

Bilaspur (C.G.) the appellant stands convicted as mentioned

below:

Conviction Sentence In Default

U/s 5(ड)/6 of the RI for 10 years and In default of payment of fine amount of fine amount additional POCSO Act, 2012 Rs.1,000/-. RI for 03 months.

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

submits that the appellant is in jail since 05.01.2016. Hence, it is

prayed that his application may be allowed.

On the other hand, learned counsel for the State has

opposed the bail application and submissions made in this respect.

Heard both the parties.

I have perused the judgment as well as statements of

witnesses and other evidence adduced by the prosecution before

the trial Court. After perusal of the statements of the victim and

other evidence and considering the age of the victim, I am of this

opinion that it is not a fit case for grant of bail to the appellant

during the pendency of this appeal.

Accordingly, I.A. No.01/2018 is rejected.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant