Ramesh Banjare vs State Of Chhattisgarh
2021 Latest Caselaw 3693 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                          CRA No. 1213 of 2021

 Ramesh Banjare, S/o Nandpyari Banjare, Aged About 36 Years, R/o Ward No.
  19, Village Sendri, Jaijaipur, District Janjgir Champa, Chhattisgarh.

                                                                   ---- Appellant

                                   Versus

 State of Chhattisgarh, Through - Station House Officer, Police Station
  Dongargarh, District- Rajnandgaon, Chhattisgarh.             ---- Respondent

14.12.2021 Shri Pradeep Kumar Jogi, counsel for the appellant.

Shri Shreshtha Gupta, Panel Lawyer 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 25.09.2021 passed in Special Criminal Case No. 05/2019 by the Additional Sessions Judge, Dongargarh, District- Rajnandgaon (C.G.) as under:-

                               Conviction                   Sentences
                        Under Section 457 r/w        R.I. for 3 years with fine
                        Section 34 of IPC.           of Rs. 500/- and in
                                                     default in payment of
                                                     fine amount additional
                                                     R.I. for 1 month.





            Under    Section    8    of     R.I. for 3 years with fine
            POCSO Act.                     of Rs. 1,000/- and in
                                           default in payment of
                                           fine amount additional
                                           R.I. for 2 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, statements of the prosecutrix PW/1 & relative of the prosecutrix Mansharam PW/6, the appellant was on bail during trial and he did not misuse the liberty granted to him, bail application u/s 389 of CrPC of main accused namely Gulshan Bande in CRA No. 1224 of 2021 has already been allowed by this Court vide order dated 18.11.2021 and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

Considering the facts & circumstances of the case, statements of the prosecutrix PW/1 & relative of the prosecutrix Mansharam PW/6, dispute between the appellant and complainant party regarding love affair of the prosecutrix and the appellant, the fact that bail application u/s 389 of CrPC of the main accused namely Gulshan Bande has already been allowed by this Court, there is delay in lodging of report, the appellant was on bail during trial and after conviction and he did not misuse the liberty granted to him, 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 25.02.2022 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