Jaysan Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 2117 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                               Order Sheet
                            Cr.A No.196 of 2022
Jaysan Yadav S/o Shri Devraj Yadav Aged About 20 Years R/o Village Devbahal,
Thana Raja Khariyar, District Nuapada (Orissa) At Present R/o Ganesh Besam Mill
Chherikhedi, Thana Telibandha, District Raipur, Chhattisgarh       --- Appellant
                                   Versus
State Of Chhattisgarh Through The District Magistrate, Raipur, District Raipur,
Chhattisgarh                                                 ---- Respondent

04.04.2022 Shri Sunil Sahu, counsel for the Appellant.

Smt Shubha Shrivastava, PL for the State.

Heard on IA No.01/2022, an application for suspension of sentence and grant of bail.

State Counsel submits that the prosecutrix has duly been informed regarding the said application.

The accused/Appellant has been convicted vide judgment of

conviction and order of sentence dated 30.10.2021 passed by the

Additional Sessions Judge, 1st Fast Track Special Court, Raipur, District

Raipur in Special Criminal Case No.332/2017 for the offence punishable

under Section 376(1) IPC and under Section 4 of the POCSO Act and

sentenced to undergo R.I for 10 years with fine of Rs.3,000/- under

Section 4 of the POCSO Act only with usual default stipulations.

Learned counsel for the accused/Appellant submits that prima

facie the Appellant has a very good case and there is every chance to

succeed, he is in jail since 11.08.2017, he has been awarded 10 years

of maximum sentence out of which, he has already completed four years and six months. He further submits that the statements of the

prosecutrix (PW-1), her mother (PW-2) and her father (PW-11) are not

trustworthy. He lastly submits that the Appeal is likely to take

considerable time for its final disposal, therefore, the present Appellant

may be enlarged on bail.

On the other hand, learned State counsel opposes the bail

application.

Taking into consideration the facts and circumstances of the

case, submission of learned counsel for the parties, further considering

the statements of the prosecutrix (PW-1), her mother (PW-2) and father

(PW-11), the detention period of the Appellant and that he has already

served four years and six months of jail sentence, without further

commenting anything on merits, I am inclined to suspend the jail

sentence imposed on the Appellant and grant him bail.

Accordingly, IA No.01/2022 is allowed and it is directed that the

substantive jail sentence imposed upon the Appellant shall remain

suspended during the pendency of the Appeal and he shall be released

on bail on his furnishing a personal bond of Rs.10,000/- with one surety

in the like sum to the satisfaction of the concerned Court for his

appearance before the Registry on 12th of May, 2022 and thereafter

before the concerned Court below on all such dates as may be given to

him till final disposal of this Appeal.

Post the matter for final hearing in its due course.

Sd/-

(Deepak Kumar Tiwari) Judge