Bheem Aditya vs State Of Chhattisgarh
2021 Latest Caselaw 3687 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet

                           CRA No. 1514 of 2021

 Bheem Aditya, S/o Radhe Aditya, Aged About 19 Years, R/o Village
  Kanshigarh, Police Station Jaijaipur, District Janjgir-Champa, Chhattisgarh.
                                                                    ---- Appellant
                                   Versus
 State of Chhattisgarh, Through- Station House Officer, Police Station Jaijaipur,
  District- Janjgir-Champa, Chhattisgarh.                        ---- Respondent

14.12.2021 Shri Dharmesh Srivastava, counsel for the appellant.

Shri Shreshtha Gupta, P.L. for the State.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 12.11.2021 passed in Special Criminal Case No. 11/2020 by the Special Judge (FTSC) Sakti, District- Janjgir-Champa (C.G.) as under:-

                             Conviction                        Sentence
                   Under Section 8 of POCSO           R.I. for 3 years with fine
                   Act                                of Rs. 5,000/- in default
                                                      of   payment      of   fine
                                                      amount further R.I. for 6
                                                      months.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant

is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, detention period of the appellant, who is 19 years old, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 26.04.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course. Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim