Amit Sharma vs State Of Chhattisgarh
2021 Latest Caselaw 274 Chatt

                                                                                           NAFR

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 574 of 2021

   • Amit Sharma S/o Prashant Sharma Aged About 25 Years R/o House No. 190, Atal Awas,
     Srishti Colony, Rajnandgaon, District Rajnandgaon, Chhattisgarh.

                                                                                    ---- Appellant

                                            Versus

   • State of Chhattisgarh Through Police Station Basantpur, District Rajnandgaon,
     Chhattisgarh.

                                                                               ---- Respondent

11/06/2021 Shri P. Chetan Kumar, 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.

Heard I.A. No. 01/2021, application for suspension of sentence and grant of bail.

By the impugned judgment dated 17/3/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Rajnandgaon, (C.G.), in Special Case No.14/2019, appellant stands convicted for the offence punishable under Sections 354(Ä)(i) of the I.P.C. and Section 8 of POCSO Act and sentenced to undergo R.I. for one year and fine amount of Rs.1000/- and R.I. for 3 years and fine amount of Rs.1000/- respectively, with default stipulations. Both sentences to run concurrently.

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 appellant has been wrongly convicted by the trial Court without there being any clinching evidence against him. During trial, appellant was on bail and after the judgment of trial Court also, he was on bail and he has not misused the liberty granted to him. 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 and perused the record of the Trial Court.

Considering the above facts and circumstances of the case, and looking to the detention period 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. 25,000/- 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 08/12/2021. 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/Parul