Rajesh Singh @ Lal Bahadur Singh vs State Of Chhattisgarh
2021 Latest Caselaw 2438 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                              CRA No. 1035 of 2021

• Rajesh Singh @ Lal Bahadur Singh, S/o Late Vijay Singh, Aged about 29 years,
  R/o P.W.D. Colony, Ward No. 18, Police Station Manendragarh, District Koriya
  (C.G.).

                                                                      ---- Appellant

                                    Versus

• State of Chhattisgarh, Through- Station House Officer, Police of Police Station-
  Manendragarh, District Koriya (C.G.).

                                                                   ---- Respondent

21/09/2021 Mr. Anil Gulati, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

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

suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 12.08.2021 passed

in Special Criminal Case No. 48/2019 by Additional

Sessions Judge (F.T.C.), Manendragarh, District- Koriya

(C.G.) the appellant stands convicted as mentioned below:

      Conviction           Sentence              In Default

U/s 323 of IPC       RI for 06 months In       default   of
                     with a fine amount payment of fine
                     of Rs. 500/-       amount additional
                                        RI for 01 month.

U/s 354 (घ) of IPC Sentence as per                ----
                   Section 42 of the
                   POCSO Act

U/s 12 of         the RI for 01 year with In     default   of
POCSO Act             a fine amount of payment of fine
                      Rs. 500/-           amount additional
                                          RI for 01 month.

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 was granted temporary bail. Hence, it is prayed

that his application 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

10.12.2021. 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