Tapan Sarkar vs The State Of Chhattisgarh
2022 Latest Caselaw 5218 Chatt

                                                                             NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRA No. 1101 of 2022

 1. Tapan Sarkar S/o Kartik Sarkar, Aged About 22 Years R/o Village P.V. 12,
    Thana Pakhanjore, District Uttar Baster Kanker, Chhattisgarh.

 2. Tirathkar Vishwas, S/o Hariprasad Vishwas, Aged About 22 Years R/o Village
    P.V. 124, Thana Pakhanjore, District Uttar Baster Kanker, Chhattisgarh.

                                                                    ---- Appellants

                                     Versus

 • The State of Chhattisgarh Through Police Station Pakhanjore, District Uttar
   Baster Kanker, Chhattisgarh.

                                                                    ---- Respondent

17/08/2022 Mr. Parag Kotecha, counsel for the appellants.

Ms. Usha Chandrakar, P.L. for the State.

Pursuant to the order dated 11.07.2022 prosecutrix along with her father appeared before this Court today and on being asked she made her objection to granting bail to the appellants.

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, appellants have been convicted for the offence punishable under Section 8 of Protection of Children From Sexual Offence Act and sentenced them to undergo R.I. for 4 years and fine of Rs. 500/- each, with default stipulation.

Learned counsel for the appellants submits that the appellants are innocent and are falsely implicated in the case and there is no material evidence against the appellants, during trial appellants are on bail and never misused the liberty granted in their favour. He also submits that disposal of this appeal will take sufficient time, therefore, they 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 appellants shall remain suspended and they be released on bail on their executing a personal bond for a sum of Rs. 25,000/- each, with one surety for the like sum to the satisfaction of the trial Court. They need not to give their 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