Suresh Kol vs The State Of Chhattisgarh
2021 Latest Caselaw 2487 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                           CRA No. 953 of 2021

Suresh Kol S/o Birjhu Kol, aged about 32 years, R/o Korja Dongritola P. S.
Gaurela, District Gaurela-Pendra-Marwahi Chhattisgarh

                                                                    ---- Appellant

                                  Versus

The State of Chhattisgarh through The Station House Officer, P.S: Gaurela, District
Gaurela-Pendra-Marwahi, Chhattisgarh

                                                                 ---- Respondent

22.09.2021 Mr. Avinash Chand Sahu, Counsel for the appellant.

Mr. Akash Pandey, P.L. for the State/Respondent.

Heard I.A. No.1/2021, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 06.08.2021 passed in

Special Sessions Trial No.14/2020 by learned Additional Sessions

Judge, Pendra Road, District: Bilaspur, Chhattisgarh, the appellant

stands convicted as mentioned below:

                   Conviction              Sentence               In Default

               U/s 354 of IPC        RI for 3 years with a In default of payment
                                     fine    amount     of of     fine    amount
                                     Rs.1,000/-            additional RI for 1
                                                           month.

U/s 8 of POCSO Act RI for 3 years with a In default of payment of IPC fine amount of of fine amount Rs.1,000/- additional RI for 1 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

submits that during trial the appellant was on bail, after the

judgment of the trial court he is in jail since 06.08.2021 and appeal

is likely to take some more time to be finalized. 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.

I have perused the impugned judgment and statement of the

witnesses. After considering the fact that the appellant was on bail

during trial and he had not misused the liberty granted in favour of

him. Without further commenting on other merits of the case, 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 13.12.2021. 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 due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh