Chattisgarh High Court
Gulshan Bande vs State Of Chhattisgarh on 18 November, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1224 of 2021
Gulshan Bande, S/o Jeevrakhan Bande, Aged About 20 Years, R/o Village
Manpur, Ward No. 12, P.S. Ghumka, District- Rajnandgaon, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, Through- SHO, Dongargarh, District- Rajnandgaon,
Chhattisgarh. ---- Respondent
18.11.2021 Shri B. P. Singh, counsel for the appellant.
Shri Shakti Singh, P. L. for the State.
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 25.09.2021 passed in Special
Session Case No. 05/2019 by Additional Sessions Judge - Dongargarh,
District- Rajnandgaon (C.G.) in the following manner:-
Conviction Sentences
Under Section 457/34 of IPC R.I. for 03 years and fine of
Rs. 500/- and in default of
payment of fine amount
additional R.I. for 1 month.
Under Section 8 of POCSO Act R.I. for 3 years and fine of Rs.
1,000/- and in default of
payment of fine amount
additional R.I. for 2 months.
Both the sentences shall run
concurrently and the fine
amount has already been
paid.
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
statement of the prosecutrix PW/1 in para 11, 13, 14 & 15 and statement of
Mansharam PW/6, there is delay in lodging of report, the appellant was on
bail during trial and even after passing of the impugned judgment he has
been granted bail for limited period 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, statements of the
prosecutrix PW/1 & relative of the prosecutrix Mansharam PW/6, dispute
between the appellant and complainant party regarding love affair of the
prosecutrix and the appellant, there is delay in lodging of report, the
appellant was on bail during trial and after conviction and he 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 25.02.2022 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
