Wasim Shekh @ Sarfaraj vs State Of Chhattisgarh
2021 Latest Caselaw 3141 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet

                                CRA No. 1379 of 2021

      Wasim Shekh @ Sarfaraj, S/o Wakeel Sheikh, Aged About 19 Years, R/o-
       Tirola, District- Gondia, Maharashtra.                           ---- Appellant
                                        Versus
      State of Chhattisgarh, Through- P.S. Gunderdehi, District- Balod, Chhattisgarh.
                                                                     ---- Respondent

15.11.2021 Shri Prasoon Agrawal, counsel for the appellant.

Smt. Deepti Shukla, P. L. for the State.

Heard on admission.

This appeal is admitted for hearing.

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 27.10.2021 passed in Special Session Case No. 47/2019 by the Special Judge (POCSO), Balod, District- Balod (C.G.) as under:-

                            Conviction                            Sentences
                  Under Section 363 of IPC                R.I. for 3 years and fine of
                                                      Rs. 5,000/- in default        of
                                                      payment of fine amount two
                                                      months 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 has completed more than half of sentence, he paid the fine amount imposed upon 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 has completed more than half of sentence, he has already paid the fine amount imposed upon him and 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 21.02.2022 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.rtified co py as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim