Khuman Kaushik vs State Of Chhattisgarh
2021 Latest Caselaw 3176 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet

                                CRA No. 1395 of 2021

      Khuman Kaushik, S/o Gautam Kaushik, Aged About 21 Years, R/o Tilaibhat
       P.S. Khairagarh, District- Rajnandgaon (C.G.). At Present R/o Om Sai Ram
       Society, Nag Mandir, Ward No. 14, Naveen Nagar, Pardi, Police Station,
       Kalmana, District- Nagpur (M.H.).                           ---- Appellant

                                           Versus

      State of Chhattisgarh, Through- Police Station Gaindatola, Rajnandgaon,
       District- Rajnandgaon (C.G.).                               ---- Respondent

16.11.2021 Mr. Pushpendra Kumar Patel, counsel for the appellant.

Dr. (Ms.) Veena Nair, Dy. A.G. 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 25.10.2021 passed in Special

Criminal (POCSO) Case No. 45/2019 by Additional Sessions Judge, Fast

Track Special Court (POCSO) Rajnandgaon, District- Rajnandgaon (C.G.)

as under:-

               Conviction                           Sentences
     Under Section 363 of Indian          R.I. for 3 years and fine
     Penal Code.                          amount of Rs. 1,000/- in
                                          default of payment of fine
                                          amount additional R.I. for 6
                                          months.

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 23.02.2022 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