Chattisgarh High Court
Deepak Patel vs State Of Chhattisgarh on 24 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 559 of 2021
Deepak Patel S/o Salik Ram Patel, aged about 21 years R/o Chandi Chowk, Takhatpur,
District : Bilaspur, Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh through - Station House Officer, Police Station: Takhatpur, District :
Bilaspur, Chhattisgarh.
---- Respondent
24.09.2021 Mr. Mirza Hafeez Baig, Counsel for the appellant.
Mr. Akhtar Hussain, P.L. for the State/Respondent.
Heard on admission.
Admit.
Also heard I.A. No.2/2021, an application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment date 01.03.2021 passed in
Special Sessions Trial No.60/2017 by learned First FTSC
(POCSO)/ Additional Sessions Judge, Bilaspur, Chhattisgarh, the
appellant stands convicted as mentioned below:
Conviction Sentence In Default
U/s 376 (2) of IPC RI for 10 years with a In default of payment
and Section 5 (L)/06 fine amount of of fine amount
of POCSO Act, 2012 Rs.500/- additional RI for 2
years.
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 conviction of the appellant is only based on the basis
of dying declaration of the deceased/prosecutrix. If the entire story
narrated by the prosecutrix is taken as it is, even then also there is
no evidence from which the appellant is liable to be convicted under
Section 376 (2) of IPC. He further submits that the appellant is in
jail since 20.04.2017 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 perusal of the dying declaration of prosecutrix and
the statement of Deepak Singh Uike (PW-6), who recorded the
dying declaration of the prosecutrix. 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 16.12.2021. 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
