Ganpat Boga vs The State Of Chhattisgarh
2022 Latest Caselaw 2774 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet
                                      CRA No. 511 of 2022
         Ganpat Boga S/o Shri Kanak Ram Boga Aged About 24 Years R/o Village
          Hiddad, Thana Ambagarh Chowki, District - Rajnandgaon Chhattisgarh.


                                                                                ---- Appellant
                                               Versus
         The State Of Chhattisgarh Through Police Station Ambagarh Chowki District -
          Rajnandgaon Chhattisgarh.


                                                                             ---- Respondent

27.04.2022 Mr. Parag Kotecha, Counsel for the Appellant.

Mr. Shivnath Shrivas, P.L. for the State/Respondent.

The prosecutrix along with her mother appears through video conferencing, DLSA Rajnandgaon submitted that they have no objection to release of the appellant on bail, there is no dispute between the parties, a child has been born through the wedlock of the appellant and prosecutrix.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 05.01.2022 passed by the Learned Additional Sessions Judge, First Fast Track Special Court (POCSO) Act Rajnandgaon, (C.G.) in Special Criminal (POCSO) Case No.62/2019, the appellant stands convicted and sentenced as under:-

Conviction Sentence Under Section 06 of the Protection of Rigorous Imprisonment of 10 years, with Children From Sexual Offences Act fine of Rs.1000 in default of payment, additional RI for one year.

Considering the facts and circumstances of the case, in particular the fact that the prosecutrix has turned hostile and she has not supported the prosecution case as she appeared before this court through video conferencing and submitted that she had performed marriage with the appellant in the year 2019 and they are living happily together thereafter, she appeared with her mother and raised no objection to release of the appellant on bail, the disposal of the appeal is likely to take some time, without expressing anything on the merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, I.A. No.01/2022 an application for suspension of sentence and grant of bail is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 09.05.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

yasmin