Subrat Ram vs State Of Chhattisgarh
2021 Latest Caselaw 1818 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 860 of 2021

1. Subrat Ram, S/o Late Amaras Ram, Aged about 19 years, Caste - Dom, R/o
   Sajbahar Nawatoli, Police Station- Tapkara, District Jashpur (C.G.).

2. Gopal Ram, S/o Adhin Ram, Aged about 23 years, Caste - Dom, R/o Sajbahar
   Nawatoli, Police Station- Tapkara, District Jashpur (C.G.).

                                                                    ---- Appellants

                                     Versus

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

                                                                  ---- Respondent

17/08/2021 Mr. Ajeet Kumar Yadav, counsel for the Appellants.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021, application for suspension of

sentence and grant of bail to the appellants.

By the impugned judgment dated 22.07.2021 passed in

Special Sessions Case No. 32/2019 by the learned Special

Judge, Kunkuri, District- Jashpur (C.G.) the appellants stands

convicted as mentioned below:

      Conviction             Sentence              In Default

U/s 12 of        the RI for 02 years with   In      default of
POCSO Act            a fine amount of Rs.   payment of fine
                     2,000/-                amount additional
(appellant No. 01)                          SI for 01 year.

U/s 08 of        the RI for 03 years with   In      default of
POCSO Act            a fine amount of       payment of fine
                     Rs.2,500/-             amount additional
(appellant No. 02)                          SI for 01 year.

Learned counsel for the appellants submits that the

appellants have been wrongly convicted by the trial Court in the

judgment without there being any sufficient evidence available

on record. He further submits that the appellants were on bail

during trial and after the judgment of the trial Court they were

granted temporary bail. Hence, it is prayed that their 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 and perused the record of the trial

Court.

After perusing the impugned judgment and considering

this fact that the appellants were 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 appellants on

bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellants shall remain suspended during the pendency of this

appeal and they shall be released on bail on executing a

personal bond for a sum of Rs. 25,000/- each with one solvent

surety for the like sum to the satisfaction of the trial Court for

their appearance before the Registry of this Court on

24.11.2021. They 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 them 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