Ajay Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 2342 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRA No. 996 of 2021
 Ajay Yadav S/o Goyandi Ram Yadav, Aged About 39 Years, R/o Village Mohra, P.S.
  Seepat, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
                                                                                 ---- Appellant
                                        Versus
 State Of Chhattisgarh Through The District Magistrate, Bilaspur Chhattisgarh, District :
  Bilaspur, Chhattisgarh
                                                                              ---- Respondent

15/09/2021 Shri Shailesh Tiwari, Advocate for the appellant.

Shri Ghanshyam Patel, Govt. Advocate for the State/respondent. Heard.

Admit.

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 28-08-2021 passed in Special Criminal Case (POCSO Act) No.100/2018 by the Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur (C.G.) in the following manner with a direction to run all the jail sentences concurrently :-

              Conviction                       Sentence
              1.    U/s 506 of the IPC         R.I. for 2 years and fine of Rs.500/-, in default

of payment of fine additional imprisonment of 6 months,

2. U/s 11/12 of R.I. for 3 years and fine of Rs.500/-, in default Protection of Children from of payment of fine additional imprisonment of 6 Sexual Offences Act, 2012 months.

It is submitted on behalf of the appellant, that the conviction against the appellant is bad in law. Conviction is based on unreliable evidence of the prosecution. The appellant had been on bail during pendency of the trial and he has not misused that liberty and this is a case of short sentence. Therefore, 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 victim in this case was minor and the prosecution has proved its case beyond reasonable doubt. Therefore, conviction against the applicant is sustainable and the application may be rejected.

Heard learned counsel for the parties and perused the documents. Considered on the submissions and perused copy of the impugned judgment. For the reason that the appellant had been on bail during pendency of the trial, 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 he shall be released on bail on his 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 his appearance before the Registry of this Court on 7th of December, 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 disposal of this appeal.

Call for the record of the trial Court.

List this case for final hearing in due course. Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Aadil