Gopal Narayan Sharma vs State Of Chhattisgarh
2021 Latest Caselaw 1586 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 801 of 2021

 • Gopal Narayan Sharma, S/o Late Tunkdhar Sharma, Aged about 36 years, Village
   Bandabri, Outpost Bhanwarpur, P.S.- Basna, District- Mahasamund (C.G.).

                                                                       ---- Appellant

                                     Versus

 • State of Chhattisgarh, Through- Station House Officer, Sarsiva, District-
   Balodabazar Bhatapara (C.G.).

                                                                    ---- Respondent

05/08/2021 Mr. A.S. Rajput, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 22.07.2021 passed in

Special Criminal Case (POCSO) No. 52/2018 by the learned

Additional District & Sessions Judge, F.T.C. (POCSO Act),

Balodabazar (C.G.) the appellant stands convicted as

mentioned below:

      Conviction              Sentence               In Default

U/s 457 of IPC         RI for 01 year with a In      default   of
                       fine amount of Rs. payment of fine
                       500/-                 amount additional
                                             RI for 03 months.

U/s 08 of POCSO RI for 03 years with In      default   of
Act, 2012       a fine amount of payment of fine
                Rs.1,000/-           amount additional
                                     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 further submits that the appellant was on bail

during trial and after the judgment of the trial Court he was

granted temporary bail. Hence, it is prayed that his application

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 and perused the record of the trial

Court.

After perusing the impugned judgment and considering

this fact that the appellant was on bail during the pendency of

trial and has not misused the liberty, for these reasons, I am of

this opinion that it will be proper to release the appellant on bail

during the pendency of this appeal.

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 25.11.2021. 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

Vasant