Aniket Singh Thakur vs State Of Chhattisgarh
2021 Latest Caselaw 1789 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                           CRA No. 284 of 2021

• Aniket Singh Thakur, S/o Late Surendra Singh Thakur, Aged about 19 years,
  R/o Bhadrapara, Yadav Mohalla, Ward No. 36, P.S. Balconagar, District
  Korba (C.G.).

                                                                     ---- Appellant

                                  Versus

• State of Chhattisgarho Through- Station House Officer, P.S. Balconagar,
  District Korba (C.G.).

                                                              ---- Respondent

16.08.2021 Mr. Ashutosh Shukla, counsel for the Appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent. Heard on I.A. No. 01/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 19.02.2021 passed in Special Case (POCSO) No. 25/2019 by the Additional Sessions Judge (F.T.C.)/Special Court- POCSO Act, 2012, Korba, District- Korba (C.G.) the appellant stands convicted as mentioned below:

                  Conviction              Sentence          In Default

             u/S 341 of IPC        SI for 01 month           Nil

             u/S 354 of IPC        RI for 04 years and In    default        of
                                   fine    amount    of payment      of   fine
                      Rs.500/-.             amount       additional
                                           RI for 04 months.

u/S   08    of   the RI for 04 years and In      default        of
POCSO Act            fine    amount     of payment       of   fine
                     Rs.500/-.             amount       additional
                                           RI for 04 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 and clinching evidence available on record. He further submits that the appellant is in jail since 03.08.2019 and undergone for about 02 years in jail and during trial he was on bail and not misused the liberty granted to him 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 perusal of the statements of the prosecutrix (PW-02) and other witnesses and further considering the fact that the appellant is in jail since 03.08.2019 and during trial he was on bail and not misused the liberty granted to him. Without further commenting on other merits of the case, 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 02.12.2021. 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