Chattisgarh High Court
Pyarelal Kurre @ Golu vs State Of Chhattisgarh on 23 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 504 of 2021
• Pyarelal Kurre @ Golu, S/o Anath Ram Kurre, Aged About 23 Years, R/o
Village Ponsara Near Masneeha Talab, Paunsara P.S. Koni Bilaspur, District
Bilaspur (C.G.).
---- Appellant
Versus
• State of Chhattisgarh, Through- Arakshi Kendra, Koni, District Bilaspur
(C.G.).
---- Respondent
23.08.2021 Mr. Lalit Bhushan Paswan, counsel for the Appellant.
Mr. Ghanshyam Patel, G.A. for the State/Respondent.
Heard on I.A. No. 01/2021, an application for suspension of
sentence and grant of bail to the appellant.
Also heard on admission.
Admit.
By the impugned judgment dated 06.03.2021 passed in
Special Sessions Case No. 97/2019 by the Additional Sessios
Judge/First F.T.C. (POCSO), Bilaspur (C.G.) the appellant stands
convicted as mentioned below:
Conviction Sentence In Default
u/S 454 of IPC RI for 02 years and In default of
fine amount of payment of fine
Rs.200/-. amount additional
RI for 03 months.
u/S 342 of IPC RI for 03 months In default of
and fine amount of payment of fine
Rs.100/-. amount additional
RI for 01 month.
u/S 354 of IPC RI for 02 years and In default of
fine amount of payment of fine
Rs.200/-. amount additional
RI for 03 months.
u/S 08 of the RI for 03 years and In default of
POCSO Act fine amount of payment of fine
Rs.300/-. 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 evidence available on
record. After the judgment of trial Court the appellant was granted
bail but he has not obtained orders of the High Court regarding
suspension of sentence, therefore, he had surrendered himself
on 10.08.2021 before the concerned trial Court and thereafter he
is in jail. He further submits that the appellant was on bail during
trial and he had 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 going through the statements
of the witnesses and further considering the fact that the
appellant is in jail since 10.08.2021. 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 15.12.2021. 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
