Shriram Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1416 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                  CRA No. 661 of 2019

    Shriram Yadav S/o Batau Ram Yadav aged about 50 years R/o Village
    Bhandhatola, Police Station Bodha, District : Kawardha (Kabirdham), Chhattisgarh

                                                                             ---- Appellant

                                          Versus

    State of Chhattisgarh through Station House Officer, Police Station: Bodh, District :
    Kawardha (Kabirdham), Chhattisgarh

                                                                          ---- Respondent

28.07.2021 Mr. Sandeep Shrivastava, Counsel for the Appellant.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.

None present for the Prosecutrix/victim of this case even though notice

has been served upon the father of the victim.

Heard on I.A. No. 02/2020, an application for suspension of sentence

and grant of bail to the Appellant.

This is the second bail application of the Appellant. First bail

application was dismissed as withdrawn with liberty to revive the same after

one year vide order dated 01.08.2019.

By the impugned judgment date 06.04.2019 passed in Special Case

No.73/2018 by the learned Special Judge (POCSO Act), Kabirdham, District:

Kabirdham (C.G.), the Appellant stands convicted as mentioned below:

    Conviction                Sentence                       In Default

U/s 452 of IPC      RI for 01 year and fine In default of payment of fine
                    amount of Rs.500/-.     amount additional SI for 01
                                            month.

U/s 12 of POCSO RI for 01 year and fine In default of payment of fine Act amount of Rs.500/-. amount additional SI for 01 month.

U/s 10 of POCSO RI for 05 years and fine In default of payment of fine Act amount of Rs.1,000/-. amount additional RI for 02 months.

Learned counsel for the Appellant submits that the Appellant has been

wrongly convicted by the Trial Court in the judgment without there being any

clinching evidence available on record. He submits that statements of the

victim girl (PW-05) and her mother Lakshmi (PW-02) are suspicious in nature.

He also submits that the Appellant has remained in jail for three years out of

five years jail sentence imposed upon him by the concerned Trial Court. He

further submits that is in jail since 05.07.2018 and appeal is likely to take

some more time. Hence, it is prayed that his application may 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, the statements of witnesses

and further considering the fact that the Appellant is in jail since 05.07.2018

and appeal is likely to take some more time, I am of this opinion that it will be

proper to release the Appellant on bail.

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 25.11.2021. 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

Saurabh