Chattisgarh High Court
Goverdhan Lal vs State Of Chhattisgarh on 23 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 753 of 2021
1. Goverdhan Lal, S/o Shri Pura Lal, Aged about 22 years, R/o Village -
Junadobra, Police Station Dag, District Jhalawad Civil & Revenue District
Jhalawad, Rajsthan.
2. Ramchandra Meena, S/o Shri Bhehrulal Meena, Aged about 28 years, R/o
Village Bolai, Police Station Aapodiya, District Sajapur, Madhya Pradesh. At
Present Village Aamtala, Police Station Taledih, District Siroi, Rajsthan.
---- Appellants
Versus
• State of Chhattisgarh, Through- Police Station- Sariya, District Raigarh,
Chhattisgarh.
---- Respondent
23.07.2021 Mr. Manoj Kumar Sinha, Counsel for the Appellants.
Mr. Sushil Sahu, P.L. for the State/Respondent.
Heard on admission.
Call for the record of the Court below.
Also heard I.A. No. 01/2021 for suspension of sentence
and grant of bail to appellant No. 02 Ramchandra Meena.
By the impugned judgment date 22.06.2021 passed in
Special Criminal Case (POCSO Act) No. 14/2017 by the
Additional Sessions Judge/Special Judge (POCSO Act),
Sarangarh, District- Raigarh (C.G.) the Appellant No. 02 stands
convicted as mentioned below:
Conviction Sentence In Default
U/s 363/34 of IPC RI for 03 years and In default of
fine amount of payment of fine
Rs. 500/-. amount additional
RI for 06 months.
U/s 368/34 of IPC RI for 03 years and In default of
fine amount of Rs. payment of fine
500/-. amount additional
RI for 06 months.
Learned counsel for the Appellant No. 02 namely
Ramchandra Meena submits that the Appellant No. 02 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 No. 2 (Ramchandra Meena) 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 No. 02 Ramchandra Meena was on bail
during the pendency of trial and have not misused the liberty, for
these reasons, I am of this opinion that it will be proper to release
the Appellant No. 02 on bail during the pendency of this appeal.
Execution of substantive jail sentences imposed upon the
appellant No. 02 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 18.11.2021. 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 them by the
said Court, till the disposal of this appeal.
List this case after receiving the record of the Court below.
Sd/-
(Arvind Singh Chandel)
Judge
Vasant
