Ravishankar Das Mahant vs State Of Chhattisgarh
2021 Latest Caselaw 1328 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 748 of 2021

• Ravishankar Das Mahant, S/o Amol Das Mahant, Aged about 22 years, R/o
  Village- Bokramuda, P.S.- Chhal, District- Raigarh, Chhattisgarh.

                                                                     ---- Appellant

                                   Versus

• State of Chhattisgarh, Through Police Station- Chhal, District- Raigarh,
  Chhattisgarh.                                          ---- Respondent

23.07.2021 Mr. Ashutosh Mishra, Counsel for the Appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021 for suspension of sentence

and grant of bail to the Appellant.

By the impugned judgment date 28.06.2021 passed in

Special Criminal Case (POCSO Act) No. 22/2019 by the

Additional Sessions Judge, Gharghoda, District- Raigarh (C.G.)

the Appellant stands convicted as mentioned below:

                  Conviction             Sentence            In Default

             U/s 354 of IPC        RI for 03 years and In    default        of
                                   fine   amount     of payment of        fine
                        Rs. 500/-.           amount additional
                                            RI for 02 months.

U/s 324 of IPC         RI for 02 years and In     default   of
                       fine amount of Rs. payment of fine
                       500/-.              amount additional
                                           RI for 01 month.

Learned counsel for the Appellant submits that the

Appellant 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 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 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 on bail

during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the appellant 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 17.11.2021. 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 for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant