Ratan Rai vs The State Of Chhattisgarh
2021 Latest Caselaw 3428 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                             CRA No. 1515 of 2021

• Ratan Rai, S/o Satish Rai, Aged about 50 years, R/o P.V. 28, Thana Pakhanjore,
  District- Uttar Baster Kanker (C.G.)

                                                                     ---- Appellant

                                   Versus

• State of Chhattisgarh, through- Police Station- Pakhanjore, District- U.B. Kanker
  (C.G.).

                                                                   ---- Respondent

01/12/2021 Mr. Virendra Vaishnav, counsel for the Appellant.

Mr. Ravish Verma, G.A. 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 12.11.2021 passed

in Special Criminal Case (POCSO Act) No. 34/2019 by the

learned Special Judge (POCSO Act, 2012), Bhanupratappur,

District- Uttar Bastar, Kanker (C.G.) the appellant stands

convicted as mentioned below:

      Conviction           Sentence             In Default

U/s 457 of IPC       RI for 01 year with In     default   of
                     a fine amount of payment of fine
                     Rs. 500/-           amount additional
                                         RI for 01 month.

U/s 506 (Part-II) of RI for 03 months             -
IPC

U/s 8 of the RI for 03 years In           default    of

POCSO Act, 2012 with a fine amount payment of fine of Rs. 500/- amount additional RI for 06 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. 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

14.02.2022. 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