Deo Singh Korva vs State Of Chhattisgarh
2021 Latest Caselaw 1625 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                             CRA No. 1956 of 2019

• Deo Singh Korva, S/o Aaghanu Ram Korva, Aged about 30 years, R/o Village
  Bhulejhariya, Police Station- Katghora, District Korba (C.G.).

                                                                         ---- Appellant

                                    Versus

• State of Chhattisgarh, Through- Incharge- Police Station- Katghora, District-
  Korba (C.G.).

                                                                    ---- Respondent

06.08.2021 Ms. Usha Chandrakar, counsel for the Appellant.

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

Admit.

Also heard on I.A. No. 02/2019, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 31.05.2016 passed in Special Sessions Case No. 60/2014 by the learned Special Sessions Judge, Katghora, District- Korba (C.G.) the appellant stands convicted as mentioned below:

Conviction Sentence In Default

U/s 506 Part-II of the RI for 02 months In default of payment of IPC and fine amount of fine amount additional RI Rs.200/-. for 15 days.

          U/s    04    of   the RI for 10 years and In default of payment of
         POCSO Act, 2012       fine       amount   of fine amount additional RI
                               Rs.500/-.               for 02 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 also submits that the statements of the prosecutrix is not corroborated with the medical evidence, therefore, entire story is suspicious. He lastly submits that the appellant is in jail since 20.07.2014. 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 prosecutrix and other witnesses namely Kartik Ram (PW-02), Mangal Singh (PW-03), Phoolmati (PW-06) and Sukhmati (PW-07), 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.02/2019 is rejected. Considering the detention period of the appellant and as prayed by learned counsel for the appellant, list this case for final hearing in the month of February, 2022.

Sd/-

(Arvind Singh Chandel) Judge

Vasant