Ravi Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 1976 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                          Cr.A. No.1746 of 2018
  •   Ravi Sahu S/o Anuj Sahu Aged About 27 Years R/o- Ward No. 11, Dasharma
      Road, P.S. City Kotwali Balodabazar, District- Balodabazar-Bhatapara,
      Chhattisgarh
                                                                         --- Appellant
                                       Versus
  •   State Of Chhattisgarh Through- The Police Station City Kotwali Balodabazar,
      District- Balodabazar-Bhatapara, Chhattisgarh
                                                                        ---Respondent

24/08/2021 Mr. Basant Kaiwartya, counsel for the appellant.

Mr. Alok Nigam, G.A. for the State.

Heard on I.A. No.1/2021, an application for suspension of jail sentence and grant of bail.

This is second application filed for suspension of sentence and grant of bail. The earlier application was dismissed as withdrawn on 26.03.2019.

Appellant has been convicted by the judgment of conviction and order of sentence dated 01.11.2018, passed in Special Case No.10/2018, by learned Sessions Judge and Special Judge (Atrocities), Balodabazar (C.G.) with a direction to run all the sentences concurrently in the following manner :-

Conviction Sentence U/s. 04 of Protection of Children R.I. for 10 years and fine of from Sexual Offences. Rs.25,000/- and in default of payment of fine, additional R.I. for 02 years.

Learned counsel for the appellant submits that the conviction against the appellant is erroneous and against the provisions of law. The appellant is in jail since about more than 03 and a half years. There is likelihood of delay in final hearing of this appeal. The conviction against the appellant is bad in law and it is not supported by the evidence of prosecution beyond reasonable doubt. Therefore, it is prayed that this application may be allowed and he may be granted bail.

Learned State counsel opposes the submissions and submits that prosecution has proved its case beyond reasonable doubt. Therefore, no case is made out for suspension of sentence and grant of bail to the appellant.

I have heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions and perused the record of the trial and looking to the evidence present against this appellant in the prosecution case, I do not feel inclined to allow this application.

Accordingly, I.A. No.1/2021, application for suspension of sentence and grant of bail, is rejected.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Monika