Deepak Ram Nagesh vs State Of Chhattisgarh
2021 Latest Caselaw 292 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 1055 of 2019

  Deepak Ram Nagesh S/o Jagdish Nagesiya @ Manthu, aged about 21 years
  R/o Kawai Khairdipa, Police Station- Sanna, District : Jashpur, Chhattisgarh

                                                                 ---- Appellant

                                  Versus

  State of Chhattisgarh through Police Station- Sanna, District : Jashpur,
  Chhattisgarh

                                                               ---- Respondent

14.06.2021 Mr. Govind Dewangan, Counsel for the Appellant.

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

Heard on admission.

Admit.

Also heard I.A. No. 02/2019, an application for suspension

of sentence and grant of bail to the Appellant.

By the impugned judgment date 18.04.2019 passed in

Sessions Case No.84/2015 by the Session Judge, Jashpur,

District: Jashpur (C.G.) the Appellant stands convicted as

mentioned below:

     Conviction             Sentence              In Default

U/s 370 (2) of IPC    RI for 07 years and In      default  of
                      fine   amount     of payment of fine
                      Rs.20,000/-.         amount additional
                                           RI for 01 year.

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. Referring to the statement of victim boy (PW-15), it has

been argued by the counsel for the Appellant that from the

contents of his statement, it appears that he himself has gone

Delhi for the purpose of employment. It is further submitted by the

counsel that according to the conclusion of Trial Court itself, the

Appellant was more than 18 years of age, therefore, in this case,

there is no clinching evidence, available on record on the basis of

which the Appellant can be convicted for the offence punishable

under Section 370 (2) of IPC, therefore, conviction of the

Appellant is not sustainable. He lastly submits that the Appellant is

in jail since 18.04.2019. 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.

I have gone through the entire record and perused the

statements of victim Boy i.e. PW-15. After considering the fact that

the Appellant is in jail since 18.04.2019, 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 15.09.2021. 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 him 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