Ajay Kumar Dhruw vs State Of Chhattisgarh
2021 Latest Caselaw 1711 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                            CRA No. 536 of 2019

• Ajay Kumar Dhruw, S/o Lachchhi Ram Dhruw, Aged About 22 Years, R/o
  Village Bhudkuda, Thana - Pipariya, District - Kabirdham, Haal Mukam-
  Kamal Vihar, Sector-6, Dunda, Thana - Mujgahan, District- Raipur (C.G.).

                                                                     ---- Appellant

                                    Versus

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

                                                               ---- Respondent

11.08.2021 Ms. Anubhuti Marhas, counsel for the Appellant.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent. Heard on I.A. No. 01/2019, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 05.01.2019 passed in Special Criminal POCSO Case No. 75/2018 by the learned Special Judge (POCSO Act, 2012), Raipur, District-Raipur (C.G.) the appellant stands convicted as mentioned below:

                  Conviction            Sentence              In Default

             U/s 363 of the IPC    RI for 03 years and In default of payment of
                                   fine   amount     of fine amount additional
                                   Rs.1,000/-.          RI for 01 month.

             U/s 366 of the IPC    RI for 05 years and In default of payment of
                                   fine   amount     of fine amount additional
                                Rs.1,000/-.            RI for 01 month.

         U/s 376 of the IPC    None                   None

         U/s 04 of        the RI for 10 years and In default of payment of
         POCSO Act            fine   amount     of fine amount additional
                              Rs.2,000/-.          RI 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. She also submits that the appellant is in jail since 19.02.2018 and appeal is likely to take some more time. 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 of the trial Court as well as statements of the prosecutrix (PW-01) and other witnesses and other evidence adduced by the prosecution before the trial Court. After perusal of the statements of the prosecutrix (PW-01) and considering her age and other witnesses, 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.01/2019 is rejected. List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant