Shyamsai Kadiyam vs State Of Chhattisgarh
2021 Latest Caselaw 1773 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                               Order Sheet

                                       CRA No. 847 of 2021

  Shyamsai Kadiyam S/o Chainuram Kadiyaam, aged about 51 years, R/o Ward No. 14, Subhash
  Chauk , Ambagarh Chauki, Police Station Ambagarh Chauki, District : Rajnandgaon, Chhattisgarh

                                                                                       ---- Appellant

                                                 Versus

  State of Chhattisgarh through Police Station Ambagarh Chauky, District : Rajnandgaon,
  Chhattisgarh

                                                                                   ---- Respondent

01.

13.08.2021 Mr. Sumit Singh, Counsel for the Appellant.

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

Heard on admission.

Admit.

Also heard on I.A. No. 1/2021, an application for suspension of sentence and

grant of bail to the Appellant.

By the impugned judgment date 02.08.2021 passed in Criminal Case

No.44/2018 by Additional Sessions Judge, (FTSC) (POCSO), Rajnandgaon, District:

Rajnandgaon (C.G.) the Appellant stands convicted as mentioned below:

                 Conviction                     Sentence                    In Default

             U/s 354 (A) (iv) of RI for 03 years.
             IPC

U/s 12 of POCSO RI for 03 years with a fine In default of payment of fine amount Act, 2012 amount of Rs.50,000/- additional RI for 06 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 during trial the Appellant was on bail 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 have 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 08.12.2021. 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 due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh