Palas Nandi vs State Of Chhattisgarh
2022 Latest Caselaw 5215 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                            CRA No. 1125 of 2022

 • Palas Nandi S/o Shri Parimal Nandi, Aged About 23 Years R/o Village P.V. 12,
   Thana Pakhanjur, District North Baster Kanker, Chhattisgarh.

                                                                      ---- Appellant

                                     Versus

 • State of Chhattisgarh Through The District Magistrate, Kanker, District North
   Baster Kanker, Chhattisgarh.

                                                                   ---- Respondent

17/08/2022 Mr. Sunil Sahu, counsel for the appellant.

Mr. Amit Singh Chouhan, P.L. for the State.

Pursuant to the order dated 14.07.2022 prosecutrix along with her father appeared before this Court today and on being asked she made her objection to granting bail to the appellant.

Her presence be marked.

Heard on I.A. No.01/2022, which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 29.06.2022 passed by learned Special Judge (POCSO), Bhanupratappur District - Uttar Baster Kanker (C.G.) in Special Criminal Case (POCSO) No. 15/2020, appellant has been convicted for the offence punishable under Sections 363 of the IPC, 8 of Protection of Children From Sexual Offence Act and and Section 506-II of IPC and sentenced him to undergo R.I. for 5 years and fine of Rs. 500/-, R.I. for 4 years and fine of Rs. 500/- and R.I. for 3 years respectively (All sentences run concurrently) with default stipulation.

Learned counsel for the appellants submits that the appellant is innocent and is falsely implicated in the case and there is no material evidence against the appellant, during trial appellant is on bail and never misused the liberty granted in his favour. He also submits that disposal of this appeal will take sufficient time, therefore, he may be enlarged on bail.

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

Considering the facts and circumstances of the case, the application is allowed and it is directed that the jail sentence awarded to the appellant shall remain suspended and he be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court. He need not to give his appearance before any Court unless and until directed by the said Court till disposal of the appeal.

List this case for final hearing in its due course.

Meanwhile, call for the record.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge H.L. Sahu