Ajay Solanki vs State Of Chhattisgarh
2021 Latest Caselaw 3783 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                            CRA No. 1127 of 2021

 Ajay Solanki, S/o Shri Ramesh Solanki, Aged About 21 Years, R/o Village -
  Chandawat, Thana - Un, District Khargoun, Madhya Pradesh.

                                                                      ---- Appellant

                                   Versus

 State of Chhattisgarh, Through- The District Magistrate, Balodabazar, District :
  Balodabazar-Bhathapara, Chhattisgarh.                            ---- Respondent

17.12.2021 Mr. Sunil Sahu, counsel for the appellant.

Dr. (Ms.) Veena Nair, Dy. A.G. 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 04.09.2021 passed in Special Criminal Case No. H-09/2019 by the Special Judge (POCSO Act), District- Bhatapara (C.G.) as under:-

Conviction Sentence Under Section 363 of R.I. for 7 years with fine of Rs.

                    IPC                        500/- and in default of payment
                                               of fine amount additional R.I. for
                                               1 month.

Under Section 366 of R.I. for 7 years with fine of Rs.

       IPC                         500/- and in default of payment
                                   of fine amount additional R.I. for
                                   1 month.

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, statement of the prosecutrix, the appellant was on bail during trial and 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 25.04.2022. 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