Lallu vs State Of Chhattisgarh
2022 Latest Caselaw 4982 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet
                                CRA No. 556 of 2020

• Lallu S/o Late Rajlal Aged About 30 Years R/o Village Trikunda, Police Station Trikunda,
  District Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh

                                                                            ---- Appellant

                                       Versus

• State Of Chhattisgarh Through District Magistrate Balrampur, District Balrampur-
  Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh

                                                                        -----Respondent

03/08/2022 Shri Anand Kesharwani, counsel for the appellant/s.

Shri RCS Deo, Panel Lawyer for the State.

Heard on I.A.No.1, application for suspension of sentence and grant of bail.

The appellant has been convicted under the impugned judgment of conviction and order of sentence dated 27/02/2020 passed by the Upper Sessions Judge/ Sessions Judge, (FTC), Ramanujganj, District - Balrampur, Chhattisgarh in Special S.T. (Pocso) No.07/2018.

Case of the prosecution is that the appellant committed rape on the prosecutrix who is a minor.

Learned counsel for the appellant would submit that there is no reliable evidence to convict the present appellant in the aforesaid offence. He further submits that learned Sessions Court / trial Court committed error of law and came to the conclusion that the appellant is the author of the crime and convicted the appellant. Learned counsel relies upon statement of the prosecutrix (PW1) particularly paragraph 7 and 8 and thereafter to demonstrate that the prosecutrix has totally denied the case of the prosecution and therefore, statement of the prosecutrix does not inspire confidence. It is submitted that during trial, the appellant was on bail and as of now, he has already served about 3 years and 6 months of maximum sentence awarded to him. It is further submitted that hearing of the appeal is likely to take some time and the appellant is ready and willing to comply with the conditions which may be imposed if the application of suspension of sentence and grant of bail is allowed.

On the other hand, learned State counsel submits that learned trial Court has rightly convicted the appellant relying upon the evidence which have been brought by the prosecution. Therefore, the application may be rejected.

Heard learned counsel for the parties and perused the record.

Looking to the statement of the prosecutrix (PW1), detention period of the appellant, the appellant was on bail during trial and hearing of the appeal is likely to take some time, I am inclined to suspend the sentence and grant bail.

Accordingly, I.A.No.1 is allowed. Accordingly, the substantive jail sentence awarded to the appellant is suspended and he is directed to be released on bail on his furnishing a personal bond in the sum of Rs.5,000/- along with one surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 18/10/2022. 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 further dates as are given to him by the said Court, during the pendency of this appeal.

Certified copy as per rules.

Sd/-

(Sachin Singh Rajput ) Judge

Deepti