Smt. Pratibha Holkar vs State Of Chhattisgarh
2021 Latest Caselaw 2754 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRA No. 1167 of 2021
 Smt. Pratibha Holkar W/o Devendra Holkar Aged About 59 Years R/o 62/13, Nehru
  Nagar, West Supela, P.S. Supela, District - Durg (Chhattisgarh), District : Durg,
  Chhattisgarh
                                                                             ---- Appellant
                                         Versus
 State Of Chhattisgarh Through P.S. Bhilai Nagar, District Durg (Chhattisgarh), District :
  Durg, Chhattisgarh
                                                                          ---- Respondent

08/10/2021 Shri Abhishek Sinha and Shri Samrath Singh Marhas, Advocates for the appellant.

Shri H.S. Ahluwaliya, Deputy Advocate General for the State/respondent. Heard on I.A.No.1/2021, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 13-09-2021 passed in Special Sessions Case No.26/2020 (Old Special Sessions Case No.65/2016 and Crime No.122/2016 registered at PS Bhilai Nagar) by the Additional Sessions Judge, 2nd Fast Track Special Court (POCSO Act), Durg (C.G.) in the following manner :-

Conviction Sentence U/s 202 of the IPC and R.I. for 6 months and fine of Rs.10,000/-, 21(1) of POCSO Act additional 3 months rigorous imprisonment in default of payment of fine.

It is submitted on behalf of the appellant, that the conviction against the appellant is erroneous and without the evidence of prosecution beyond reasonable doubt, therefore, not sustainable. It is submitted that the appellant had been on bail during pendency of the trial and after conviction the appellant has been granted benefit of Section 389(3) of the Cr.P.C., therefore, she is at liberty and she has not misused that liberty so far. Hence, it is prayed that the application for suspension of sentence and grant of bail may be allowed.

Per contra, learned counsel for the State opposes the application submitting that the prosecution has proved its case beyond reasonable doubt. Therefore, the application may be rejected.

Heard learned counsel for the parties and perused the documents. Considered on the submissions and perused the impugned judgment. Considering that the appellant had been on bail during pendency of the trial and also after conviction and she has not misused that liberty, therefore, I feel inclined to allow this application for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail is allowed.

It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and she shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the trial Court for her appearance before the Registry of this Court on 15th of December, 2021. She shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to her by the said Court, till disposal of this appeal.

List this case after two weeks for admission.

In the meanwhile, Record be summoned by the Registry from the trial Court.

Certified copy today.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Aadil