Jitendra Gayakwad vs State Of Chhattisgarh
2021 Latest Caselaw 2172 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 951 of 2021

• Jitendra Gayakwad, S/o Bhagwaniram, Aged about 19 years, R/o- Village-
  Raipura, Police Station- Doundilohara, District- Balod (C.G.).

                                                                           ---- Appellant

                                       Versus

• State of Chhattisgarh, Through- S.H.O.- Doundilohara, District Balod Chhattisgarh,
  (Police Station- Rajhara wrongly mentioned in the order sheet), District- Balod,
  (C.G.).

                                                                        ---- Respondent

06/09/2021 Mr. Hemant Gupta, Counsel for the Appellant.

Mr. H.S. Alhuwalia, Dy. A.G. for the

State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021, application for

suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 05.08.2021 passed

in POCSO Case No. 33/2019 by the Special Judge

(POCSO Act, 2012), Balod (C.G.) the appellant stands

convicted as mentioned below:

     Conviction            Sentence             In Default

U/s 363 of IPC       RI for 02 years In       default  of

with a fine amount payment of fine of Rs. 2,000/- amount additional imprisonment for 02 months.

Learned counsel for the appellant submits that the

appellant has been wrongly convicted by the trial Court in

the judgment without there being any sufficient evidence

available on record. He further submits that the appellant

was on bail during trial and after the judgment of the trial

Court he is in jail since 05.08.2021. Hence, it is prayed that

his application may be allowed.

On the other hand, learned counsel for the State has

opposed the bail application and submissions made in this

respect.

Heard both the parties and perused the record of the

trial Court.

After perusing the impugned judgment and

considering this fact that the appellant was on bail during

the pendency of trial and has not misused the liberty, for

these reasons, I am of this opinion that it will be proper to

release the appellant on bail during the pendency of this

appeal.

Execution of substantive jail sentences imposed upon

the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on executing

a personal bond for a sum of Rs. 25,000/- with one solvent

surety for the like sum to the satisfaction of the trial Court

for his appearance before the Registry of this Court on

06.12.2021. He 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 him by the said Court, till the disposal

of this appeal.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant