Preetam Das @ Poonam vs State Of Chhattisgarh
2021 Latest Caselaw 2612 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 1059 of 2021

   Preetam Das @ Poonam S/o Pawan Das, aged about 20 years, R/o Village of
   prosecutrix, Police Station: Bagicha, District : Jashpur, Chhattisgarh

                                                                       ---- Appellant

                                     Versus

   State of Chhattisgarh through Station House Officer, Police Station Bagicha,
   District : Jashpur, Chhattisgarh

                                                                    ---- Respondent

29.09.2021 Mr. Ashish Gupta, Counsel for the appellant.

Mr. Amit Singh, P.L. for the State/Respondent. Heard on admission.

Admit.

Also heard I.A. No.1/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment date 18.08.2021 passed in Special Criminal Case under SC/ST Act, Case no.20/2019 by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 authorized under Section 14 Jashpur (C.G.), the appellant stands convicted as mentioned below:

                  Conviction             Sentence                 In Default

              U/s 457 of IPC       RI for 1 year with a In default of payment
                                   fine    amount     of of     fine   amount
                                   Rs.500/-              additional RI for 1
                                                         month.
  U/s 354 of IPC RI for 3 years with a        In default of payment
 read with Section fine  amount    of        of     fine    amount
 3 (2) (v) of the Rs.1,000/-                 additional RI for 3
 Scheduled Caste                             months.
 and      Scheduled
 Tribe (Prevention
 of Atrocities) 1989.

U/s 8 of POCSO RI for 3 years with a In default of payment Act, 2012 fine amount of of fine amount Rs.1,000/- additional RI for 3 months.

Learned counsel for the appellant submits that conviction against the appellant is bad in law, without there being any evidence of prosecution beyond reasonable doubt. The appellant was on bail during trial and suspension of sentence against him has also been ordered by the learned Trial Court itself under Section 389 (3) of Cr.P.C., and he has not misused the liberty so far, therefore, it is prayed that appellant may be granted bail.

On the other hand, learned counsel for the State has opposed the bail application and submissions made in this respect. He submitted that prosecution has proved its case beyond reasonable doubt.

Heard both the parties and perused the record of the Trial Court.

After perusing the impugned judgment of conviction and sentence, and looking to this fact that this appellant was on bail throughout during trial and have not misused the liberty, I feel inclined 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 07.12.2021. 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/-

(Rajendra Chandra Singh Samant) Judge

Saurabh