Jalesh @ Jaleshwar Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1443 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                             CRA No. 761 of 2021

 • Jalesh @ Jaleshwar Yadav, S/o Shiv Prasad, Aged about- 21 years, R/o
   Village- Tarenga, Police Station- Bhatapara (Gramin), District- Balodabazar -
   Bhatapara (C.G.).

                                                                    ---- Appellant

                                     Versus

 • State of Chhattisgarh, Through- Police Station- Bhatapara (Gramin), District-
   Balodabazar- Bhatapara (C.G.).

                                                                ---- Respondent

29/07/2021 Mr. Bharat Lal Dembra, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

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

sentence and grant of bail to the appellant.

By the impugned judgment dated 05.07.2021 passed in

Special Criminal Case No. 16/2019 by the learned Special

Judge (POCSO Act, 2012), Bhatapara, District- Balodabazar-

Bhatapara (C.G.) the Appellant stands convicted as mentioned

below:

      Conviction            Sentence               In Default

U/s 354 of IPC        RI for 03 years with In      default     of
                      a fine amount of Rs. payment of fine
                      500/-.               amount      additional
                                           RI for 01 month.

U/s 12 of POCSO RI for 03 years with In      default     of
Act, 2012       a fine amount of Rs. payment of fine
                500/-.               amount      additional
                                     RI for 01 month.

Learned counsel for the appellant submits that the

appellant has wrongly been convicted by the Trial Court in the

judgment without there being any sufficient and clinching

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 may be allowed.

On the other hand, learned State counsel referring the

order dated 17.05.2021 passed by the co-ordinate Bench in

Misc. Criminal Case No. 708 of 2021 ( Dinesh Yadav Vs. State

of Chhattisgarh) submits that since the appellant has been

convicted under Section 06 of the POCSO Act also, either the

victim or one of his/her parents or his/her guardian or the

informant of the case or person over whom the victim is trusted

and confidence, needs to be noticed.

In his reply, learned counsel appearing for the appellant submits that the order passed in Dinesh Yadav case (supra) is

applicable to an application under Section 439 of the Cr.P.C.

only and, therefore, in the instant case, notice to the victim or

any of the persons cited by the learned State counsel is not

required.

I have heard the arguments put-forth and also perused the

order dated 17.05.2021 passed in Dinesh Yadav case (supra).

What emerges from the order dated 17.05.2021 passed in

Dinesh Yadav case (supra) is that it has relevancy to an

application under Section 439 of the Cr.P.C. only. It does not

indicate anything about hearing or disposal of an application

under Section 389 of Cr.P.C. or a criminal appeal, therefore, in

the case in hand, no notice is required to be issued to the victim

or any of the persons cited by the learned State counsel.

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 17.12.2021. 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 its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant