Laxman Rao vs State Of Chhattisgarh
2021 Latest Caselaw 2320 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                          Cr.A. No.1533 of 2016
  •   Laxman Rao S/o Rupa Rao Aged About 35 Years Occupation Driver, R/o.
      Village Bija, Police Station Saja, District Bemetara Chhattisgarh
                                                                          --- Appellant
                                       Versus
  •   State Of Chhattisgarh Through Police Station Saja, District Bemetara
      Chhattisgarh
                                                                       ---Respondent

14/09/2021 Mr. C.R. Sahu, counsel for the appellant.

Mr. Alok Nigam, G.A. for the State.

Heard on I.A. No.01/21, an application for suspension of sentence and grant of bail.

This is second application filed for suspension of sentence and grant of bail. The earlier application was disposed off as not pressed on 11.10.2018

Appellant has been convicted by the judgment of conviction and order of sentence dated 24.06.2016, passed in Special Case No.21/2016, by Additional Sessions Judge (FTC) Bemetara (C.G.) with a direction to run all the sentences concurrently in the following manner :-

Conviction Sentence U/s. 363 of Indian Penal Code. R.I. for 01 year and fine of Rs.500/-

and in default of payment of fine, additional R.I. for 01 month.

U/s. 366 of Indian Penal Code. R.I. for 03 years and fine of Rs.1000/- and in default of payment of fine, additional R.I. for 02 months.

U/s. 06 of POCSO Act. R.I. for 10 years and fine of Rs.2000/- and in default of payment of fine, additional R.I. for 03 months.

Learned counsel for the appellant submits that the conviction against the appellant is erroneous and against the provisions of law. The appellant has not undergone jail sentence for more than six years and the appeal has not been listed for final hearing so far. The conviction against the appellant is bad in law. The deposition of the prosecutrix (P.W.-7) itself shows that she was a willing and consenting party and further, the prosecution has failed to prove that the prosecutrix was a minor, therefore, it is prayed that this application may be allowed and the appellant may be enlarged on bail.

Learned State counsel opposes the submissions and submits that prosecution has proved its case beyond reasonable doubt, therefore, no case is made out for grant of bail to the appellant.

I have heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions and perused the record of the trial and after considering on the evidence present in the case, I feel inclined to allow this application.

Accordingly, I.A. No.01/21, application for suspension of sentence and grant of bail, is allowed.

Execution of substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 17th of November, 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.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Monika