Chattisgarh High Court
Hari Ram Nagesh vs State Of Chhattisgarh on 22 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 952 of 2021
• Hari Ram Nagesh, S/o Panchu Ram Nagesh, Aged about 21 years, R/o Village
Nahargaon, Police Station & District- Gariyaband (C.G.).
---- Appellant
Versus
• State of Chhattisgarh, Through- Police Station- Gariyaband, District- Gariyaband
(C.G.).
---- Respondent
22/09/2021 Md. Afroz Akhtar, Advocate appears through video
conferencing & Mr. Chandradeep Prasad, Advocate for the
Appellant.
Mr. Akash Pandey, P.L. for the State/Respondent.
Heard on admission.
Admit.
Call for the record of the Court below.
Also heard on I.A. No. 01/2021, an application for
suspension of sentence and grant of bail to the appellant.
By the impugned judgment dated 23.08.2021 passed
in Old Sessions Case No. 41/2019 and New POCSO Case
No. 63/2020 by Additional Sessions Judge Fast Track
Special Court (POCSO & Rape Cases), Gariyaband (C.G.)
the appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 454 of IPC RI for 01 year with In default of
a fine amount of payment of fine
Rs. 200/- amount additional
SI for 01 month.
U/s 354 of IPC RI for 01 year with In default of
a fine amount of payment of fine
Rs. 200/- amount additional
SI for 01 month.
U/s 8 of the RI for 03 years In default of
POCSO Act, 2012 with a fine amount payment of fine
of Rs. 600/- amount additional
SI for 03 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 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
17.12.2021. 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
