Teklal Kathle vs State Of Chhattisgarh
2021 Latest Caselaw 2642 Chatt

                                                                                 NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 1115 of 2021

• Teklal Kathle S/o Ramchand Kathle, aged about 22 year, R/o Karpikala, Police
  Station Pandariya, District Kabirdham (C.G.)

                                                                      ---- Appellant

                                       Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station
  Pandariya, District Kabirdham, Chhattisgarh.

                                                                    ---- Respondent

30/09/2021 Mr. Amit Kumar, counsel for the appellant.

Mr. Sushil Sahu, P.L. for the State.

Heard.

Admit.

Call for the record of the Court below.

Also heard on I.A.No.01/2021, for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 17.09.2021 passed by the Special Judge, F.T.C. (constituted under Protection of Children from Sexual Offences Act, 2012), District Kabirdham (C.G.), in Special Sessions Case No.87/2018, the accused/appellant stands convicted under Sections 354, 506 IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 & sentenced to undergo R.I. for five years with fine of Rs.1000/-, R.I. for two years with fine of Rs.500/-, and R.I. for five years with fine of Rs.1000/- respectively, plus default stipulation.

Learned counsel for the appellant submits that the appellant has been wrongly convicted without there being any cogent and sufficient evidence on record. He further submits that the appellant was on bail during trial and he never misused the liberty. He also submits that there is no likelihood of appeal being decided in near future and, therefore, he may be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties and perused the material on record.

Considering the fact that the appellant was on bail during trial and further considering the fact that the appeal may take some time for its final disposal, without entering into the merit of the case, I am inclined to grant him bail.

Accordingly, the application is allowed.

It is directed that 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 his 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 01.12.2021. 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 the case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

pkd