Mukesh Kumar vs State Of Chhattisgarh
2021 Latest Caselaw 1874 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 870 of 2021

• Mukesh Kumar, S/o Shivnarayan, Aged about 25 years, R/o Bhadrapara, Khod,
  Police Station- Patna, Koriya, District- Baikunthpur Koriya (C.G.).

                                                                         ---- Appellant

                                       Versus

• State of Chhattisgarh, Through- Police Station- Patna, District Koriya (C.G.).

                                                                     ---- Respondent

19/08/2021 Mr. D. Kushwaha, Counsel for the Appellant.

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 appellant.

By the impugned judgment dated 15.07.2021 passed

in Special Criminal Case (under POCSO Act) No. 20/2020

in the Court of Additional Sessions Judge (F.T.C.)/Special

Judge (undere POCSO Act), Baikunthpur, Koriya (C.G.) the

appellant stands convicted as mentioned below:

                    Conviction                 Sentence           In Default

                U/s 323 of IPC         RI for 03 months In     default           of
                                       with a fine amount payment of           fine
 (twice)              of Rs. 1,000/-       amount additional
                                          RI for 01 month.

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 the appellant

was on bail during trial 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 has 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

23.11.2021. 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