Chetan Banjare vs State Of Chhattisgarh
2021 Latest Caselaw 1019 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                      CRA No. 887 of 2018
    Chetan Banjare S/o Tularam Banjare Aged About 20 Years, R/o Village Koharoud,
     Police Station Kasdol, District Balouda Bazar Bhatapara Chhattisgarh, District :
     Balodabazar-Bhathapara, Chhattisgarh
                                                                                  ---- Appellant
                                             Versus
    State Of Chhattisgarh, Through Central Reserve Palari, District Balouda Bazar-
     Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh
                                                                               ---- Respondent

09/07/2021 Shri Pragalbha Sharma, Advocate for the appellant.

Shri Alok Nigam, Govt. Advocate for the State/respondent. Heard on I.A.No.1/2020, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 15-05-2018 passed in Special Criminal Case (POCSO) No.40/2016 by the Special Judge (POCSO Act) Fast Track Court Balodabazar, District Balouddabazar, C.G. in the following manner with a direction to run all the jail sentences concurrently :-

             Conviction                     Sentence
             1.     U/s 363 of the IPC      R.I. for 3 years and fine of Rs.500/- and in default of

payment of fine to undergo additional R.I. for 03 months.

2. U/s 366 of the IPC R.I. for 3 years and fine of Rs.500/- and in default of payment of fine to undergo additional R.I. for 03 months.

3. U/s 6 of POCSO Act R.I. for 10 years and fine of Rs.1000/- and in default of payment of fine to undergo additional R.I. for 06 months.

It is submitted on behalf of the appellant, that this is 3 rd application for suspension of sentence and grant of bail to the appellant. His first application was dismissed as withdrawn on 27-09-2018 and then the second application filed was also withdrawn on 28-08-2019. The appellant has undergone more than five years in jail. Conviction against the appellant is bad in law, which is only based on the statement of the prosecutrix (PW-3), who is not a reliable witness. Defence has confronted D1, D2 and P9, the previous statements of the prosecutrix, all of them are contradictory and the deposition before the Court is a new version. Hence, conviction against the appellant is not sustainable. Therefore, it is prayed that the appellant be enlarged on bail.

Per contra, learned counsel for the State opposes submission and submitted that the prosecution case has proved that the prosecutrix was minor. Conviction is based on the evidence of prosecution which is beyond reasonable doubt. Hence, the application may be rejected.

Heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions. After perusing the record of the trial Court, specifically, statement of the prosecutrix and her previous statements, I feel inclined to allow this application.

Accordingly, I.A.No.1/2020, application for suspension of sentence and grant of bail is allowed.

It is directed that the 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.25,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 29th of September, 2021. 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 disposal of this appeal.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Aadil