Balram Singh Gond @ Pintu Sidar vs State Of Chhattisgarh
2022 Latest Caselaw 5148 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet
                                CRA No. 1057 of 2022

• Balram Singh Gond @ Pintu Sidar S/o Manbodh Singh Gond, Aged About 21 Years R/o
  Village Kumhari Pathaan Laata, Police Station - Sakti, District : Janjgir-Champa,
  Chhattisgarh

                                                                            ---- Appellant

                                       Versus

• State Of Chhattisgarh Through - Station House Officer- Sakti, District : Janjgir-Champa,
  Chhattisgarh

                                                                        -----Respondent

12/08/2022 Shri Sachin Nidhi, counsel for the appellant/s.

Shri Sushil Sahu, Panel Lawyer for the State.

Notice issued to the prosecutrix has already been served.

No representation is made on behalf of the prosecutrix.

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 16/06/2022 passed by the Special Judge (FTSC) Sakti, District - Janjgir - Champa, Chhattisgarh in Special Criminal Case No.61/2021.

Case of the prosecution is that the appellant molested and assaulted the prosecutrix who is a minor.

Learned counsel for the appellant submits that maximum sentence awarded to the appellant is 3 years and he has already served more than 10 months of jail sentence. It is further submitted that hearing of the appeal is likely to take some time, therefore, the application may be allowed.

On the other hand, learned State counsel objects the application and submits that the statement of the prosecutrix is clear and strong reliance can be made. Therefore, the bail application may be rejected.

Having considered the submission made by learned counsel for the parties, statement of the prosecutrix (PW1), considering that the appellant has already served 10 months of jail sentence and hearing of the appeal is likely to take some time, I am inclined to allow the application.

Accordingly, I.A.No.1 is allowed. 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.25,000/- 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 11/10/2022. 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