Animesh Mandal vs State Of Chhattisgarh
2021 Latest Caselaw 194 Chatt

                                                                                          NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                      CRA No. 508 of 2021

   • Animesh Mandal S/o Shri Paritosh Mandal Aged About 21 Years R/o Village
     Jayshreenagar, Thana Pakhanjur, Civil And Revenue District North Bastar Kanker,
     Chhattisgarh.

                                                                                   ---- Appellant

                                             Versus

   • State Of Chhattisgarh Through The District Magistrate Kanker District North Bastar
     Kanker, Chhattisgarh.

                                                                              ---- Respondent

08/06/2021 Shri Sunil Sahu, Counsel for the Appellant.

Shri 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.

By the impugned judgment dated 23.03.2021 passed by the Special Judge, (POCSO), Bhanupratapur, District - North Bastar Kanker, (C.G.), in Special Criminal Case (POCSO) No.19/2019, appellant stands convicted for the offence punishable under Sections 363 of the I.P.C. and sentenced to undergo R.I. for 1 year and fine of Rs.1,000/-, with default stipulations.

Learned Counsel appearing for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. He further submits that during trial appellant was on bail and after the judgment of trial Court, he was also granted temporary bail. Therefore, it is prayed that the sentence imposed upon the appellant may be suspended and he may be released on bail.

On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction.

Heard both the parties.

Considering the above facts and circumstances of the case, and also for the reasons that there is no likelihood of this appeal to come up for final hearing in near future, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

Accordingly, I.A. No. 01/2021 is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 20,000/- with one solvent surety in the like sum to the satisfaction of the concerned 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 given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Prakash