Samiran Joddar vs State Of Chhattisgarh
2021 Latest Caselaw 3100 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet

                                  CRA No. 1353 of 2021

      Samiran Joddar, S/o S.K. Joddar, Aged About 42 Years, R/o 686 Sindhiya
       Nagar Titurdih, Durg P.S. Mohan Nagar, District- Durg, Chhattisgarh.
                                                                        ---- Appellant
                                       Versus
      State of Chhattisgarh, Through- The Station House Officer, P.S. Durg, Chowki
       Padamnavpur, District- Durg, Chhattisgarh.                   ---- Respondent

11.11.2021 Shri A.N Pandey, counsel for the appellant.

Shri Anand Verma, Dy. G.A. for the State.

Heard on admission.

This appeal is admitted for hearing.

Call for record of the Court below.

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

The appellant has been convicted and sentenced by the judgment of

conviction and order of sentence dated 29.10.2021 passed in Special

Session Case No 33/2019 by the Additional Sessions Judge, First Fast

Track, Special Judge (POCSO Act), Durg, District- Durg (C.G.) in the

following manner:-

               Conviction                           Sentences
     Under Section 363 of IPC             R.I. for 3 years and fine of Rs.
                                          2,000/- in default of payment
                                          of fine one month additional
                                          S.I.

Learned counsel for the appellant submits that there is no reliable

evidence against the present appellant to involve him in this case, essential

ingredient of the offence for convicting the appellant is missing, the

appellant was on bail during trial and he did not misuse the liberty granted

to him and disposal of this appeal is likely to take some time, therefore, the

appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, the short

sentence has been imposed upon the appellant, he was on bail during trial

and did not misuse the liberty granted to him, final disposal of this appeal is

likely to take some time, without commenting anything on merits of the

case, the application is allowed.

It is directed that the execution of 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 in

the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the trial Court. He shall appear before the Registry of this

Court on 14.02.2022 and thereafter appear before the trial Court on a date

to be given by the Registry and thereafter continue to appear before the

trial Court on all such dates as are given to him by the said Court till

disposal of this appeal.

List the case for final hearing in due course.

Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim