Uttam Singh Rajput vs The State Of Chhattisgarh
2021 Latest Caselaw 3277 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet

                                  CRA No. 1858 of 2019

      Uttam Singh Rajput, S/o Late Sukal Singh Rajput, Aged About 48 Years,
       Occpation Glossary Shop, R/o Village Khairkhundi, Police Station Ratanpur,
       District- Bilaspur, Chhattisgarh...(In Jail)                ---- Appellant

                                          Versus

      The State of Chhattisgarh, Through- The Police Station Ratanpur, Civil and
       Revenue District- Bilaspur, Chhattisgarh.                         ---- Respondent

23.11.2021 Shri Punit Ruparel, counsel for the appellant.

Shri Rahim Ubwani, P. L. for the State.

Heard on I.A. No. 01/2019, 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 28.11.2019 passed in Special Criminal Case (POCSO Act) No. 64/2018 by the Special Judge (POCSO Act), Bilaspur, District- Bilaspur (C.G.) in the following manner:-

                             Conviction                           Sentences
                  Under Section 10 of POCSO             R.I. for 7 years with fine of
                  Act                                   Rs. 10,000/- and in default of
                                                        payment     of   fine      amount
                                                        additional R.I. 3 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 has completed more than half of the sentence imposed upon him, statement of the PW/1 prosecutrix is not supporting the prosecution case, 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 appellant has completed more than half of the sentence imposed upon him, looking to the evidence of the prosecutrix PW/1, 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 02.03.2022 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