Prateek @ Aman vs State Of Chhattisgarh
2022 Latest Caselaw 5280 Chatt

                                                                                    NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 1304 of 2022

  • Prateek @ Aman S/o Kishor Kumar Thawait Aged About 21 Years R/o Village
    Chhote Math, P.S. Sarangarh, District Raigarh (C.G.)

                                                                           ---- Appellant

                                        Versus

  • State Of Chhattisgarh         Through     The   Police   Station   Saraipali,   District
    Mahasamund (C.G.)

                                                                        ---- Respondent

22.08.2022 Mr. Varunendra Mishra and Mr. S. S. Baghel, counsel for the Appellant.

Mr. Alok Nigam, G.A. for the State.

Heard on admission.

Admit.

Call for the record of the court below.

Also, heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 23.07.2022 passed by learned Special Judge (POCSO Act) Saraipali, District Mahasamund (C.G.) in Trial No. 01/2015 whereby the learned Judge convicted the appellant for the offence punishable under Sections 354 (Twice) & 354-A(1)(IV) (Twice) of the IPC and sentenced him to undergo R.I. for 2-2 years with fine of Rs. 500-500/- & R.I. for 6-6 months with fine of Rs. 200-200/- respectively, with default stipulation.

Learned counsel for the applicant would submit that the trial Court has convicted the appellant without there being any legally admissible evidence against him. The appellant was on bail during trial and also at present he is on bail, therefore, the appellant may be released on bail and during the pendency of this appeal.

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

I have heard learned counsel both the parties.

Considering the facts and circumstances of the case, nature and quality of the evidence available on record, further considering the sentence imposed upon him by the Court below, without further commenting on merits of the case, I am inclined to release the applicant on bail.

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

It is directed that the 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 for a sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 30th September, 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, shall continue to appear all subsequent dates given to him by the trial Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge V/-