Subechand vs State Of Chhattisgarh
2022 Latest Caselaw 5489 Chatt

                                                                                      NAFR

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRA No. 409 of 2020
   Subechand S/o Shiv Lal Agariya, Aged About 25 Years R/o. Village Bedami, Police
    Station Ramkola, District Surajpur Chhattisgarh.
                                                                               ---- Appellant
                                                                                      In Jail
                                         Versus
   State Of Chhattisgarh Through The Police Station, City Kotwali Ramkola, District
    Surajpur Chhattisgarh
                                                                             ---- Respondent

29/08/2022 Mr. Basant Kaiwartya and Mr. Lov Kumar Lahare, counsel for the appellant.

Mr. Ishwar Jaiswal, PL for the State.

Heard on admission.

The appeal is admitted for hearing.

Also heard IA No.01/2020, application for suspension of sentence and grant of bail.

By the impugned judgment dated 14.2.2020 passed by Special Judge (POCSO Act), Pratappur, Distt. Surajpur in Special Criminal Case No.12/2019, the appellant has been convicted under Section 354B of IPC and sentenced to undergo RI for five years, pay a fine of Rs.1000/- and in default to undergo additional RI for three months.

Learned counsel for the appellant submits that the trial Court has convicted the appellant without there being any legally admissible evidence against him. The appellant is in jail since 13.11.2019 and as such, has completed more than half of the sentence and disposal of the appeal is likely to take some time, therefore, the appellant may be released on bail during pendency of this appeal.

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

Victim has appeared through video conferencing with the aid of DLSA, Surajpur and raised objection to release of the appellant on bail.

Considering the facts and circumstances of the case, the fact that the appellant has already completed more than half of the jail sentence and there is no possibility of disposal of this appeal in near future, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the appellant on bail. Accordingly, the application is allowed.

It is directed that execution of the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety of the like sum to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 10th October, 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

Sd/

(Rajani Dubey) Judge Khan