Chattisgarh High Court
Devendra Kumar Khunte vs State Of Chhattisgarh on 30 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 200 of 2021
Devendra Kumar Khunte S/o Ganesh Ram Khunte, aged about 28 years R/o Village -
Bhulsidih, Pakhnapara, District : Korba, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh through - Station House Officer, Out Post - Rajgamar, Police
Station - Balconagar, District : Korba, Chhattisgarh
---- Respondent
30.07.2021 Mr. Dharmesh Shrivastava, Counsel for the Appellant.
Mr. Ghanshyam Patel, G.A. for the State/Respondent.
Prosecutrix/Victim of this case has appeared through Video
Conferencing along with Mahendra Singh Chandel, Advocate. On being asked,
she has no objection for grant of bail to the Appellant.
Heard on I.A. No. 01/2021, an application for suspension of sentence
and grant of bail to the Appellant.
By the impugned judgment date 29.01.2021 passed in Special Case
No.28/2018 by the learned Additional Session Judge, Korba, District: Korba
(C.G.) the Appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 354 of IPC RI for 04 years with a In default of payment of
fine amount of Rs.500/- fine amount additional RI
for 04 months.
U/s 08 of POCSO Act RI for 04 years with a In default of payment of
fine amount of Rs.500/- fine amount additional RI
for 04 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
sufficient evidence available on record. He submits that on perusal of the
statements of witnesses, it appears that there was previous enmity between
the parties and on the date of incident also dispute occurred between the
brother of the victim and the Appellant due to which the Appellant has been
falsely implicated in this case. He also submits that Appellant was on bail
during trial and after the judgment of the Trial Court he is in jail since
29.01.2021 and appeal is likely to take some more time. 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, statements of witnesses,
particularly considering the admission made by the prosecutrix and considering
this fact that the Appellant is in jail since 29.01.2021, 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 09.12.2021. 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 due course.
Sd/-
(Arvind Singh Chandel)
Saurabh Judge
