Chattisgarh High Court
Ajay Singh @ Sonu vs State Of Chhattisgarh on 22 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 680 of 2021
• Ajay Singh @ Sonu, S/o Sanjay Singh, Aged about 22 years, R/o Near Housing
Board Colony, Ward No.14, Devrikhurd, Police Station- Torwa, District Bilaspur
(C.G.).
---- Appellant
Versus
• State of Chhattisgarh, Through- Station House Officer, Police Station- Torwa,
District- Bilaspur (C.G.).
---- Respondent
22/09/2021 Mr. Suresh Kumar Verma, counsel for the appellant.
Mr. Akhtar Hussain, P.L. for the State/respondent.
Heard on admission.
Admit.
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 06.04.2021 passed
in Special Sessions Case No. 02/2019 by Additional
Sessions Judge/ First F.T.C. (POCSO), Bilaspur (C.G.) the
appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 341 of IPC fine amount of Rs. In default of
300/- payment of fine
amount additional
imprisonment 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
imprisonment for
03 months.
U/s 8 of the RI for 03 years In default of
POCSO Act with a fine amount payment of fine
of Rs. 200/- amount additional
imprisonment for
04 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 and after completion of
the appeal period the appellant was arrested and presently
he is in jail. Hence, it is prayed that his application may 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
20.12.2021. 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
