Suresh Kumar Patel vs State Of Chhattisgarh
2021 Latest Caselaw 1746 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                           CRA No. 1710 of 2018

• Suresh Kumar Patel, S/o Salikram Patel, Aged About 22 Years, R/o Village
  Geetapahar, Police Station- Charama, District North Bastar Kanker (C.G.).

                                                                   ---- Appellant

                                   Versus

• State of Chhattisgarh, Through District Magistrate, Narth Bastar Kanker
  (C.G.).

                                                                 ---- Respondent

12.08.2021 Mr. Keshav Dewangan, counsel for the Appellant.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent. Heard on I.A. No. 01/2018, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 28.09.2018 passed in Special Criminal Case (POCSO Act) No. 49/2017 by the Additional Sessions Judge (F.T.C.) & Special Judge (POCSO Act, 2012), North Bastar Kanker (C.G.) the appellant stands convicted as mentioned below:

                   Conviction             Sentence           In Default

             u/S    06    of    the RI for 10 years and In    default      of
             POCSO Act,2012        fine     amount   of payment     of    fine
                                   Rs.5,000/-.          amount     additional
                                                        RI for 01 year.

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 on perusal of the statements of the prosecutrix, it is well established that she was a consenting party. After the birth of child, F.I.R. was lodged mentioning the age of the prosecutrix. Referring the statements of the prosecutrix, her mother namely Smt. Lata Vishwakarma (PW-04), her father namely Mansing (PW-05) and Teacher namely Chain Singh Darro (PW-07), he also submits that there is no conclusive and clinching evidence available on record on the basis of which it can be said or established that at the time of incident the prosecutrix was below 18 years of age. He lastly submits that the appellant is in jail since 20.09.2017 and appeal is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed the bail application.

Heard both the parties.

Perused the statements of the witnesses and other materials available on record. After going through the statements of the witnesses particularly perused the statements of the prosecutrix, her mother namely Smt. Lata Vishwakarma (PW-04), her father namely Mansing (PW-05) and Teacher namely Chain Singh Darro (PW-07) and further considering the fact that the appellant is in jail since 20.09.2017. Without further commenting on other merits of the case, in my considered view, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

On 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. 20,000/- 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 14.12.2021. 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 its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant