Chumman Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 7650 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                                  CRA No. 1895 of 2022
 • Chumman Yadav S/o Baliram Yadav Aged About 22 Years R/o                       Village
   Jarhanawagaon, Police Station Singhanpuri Jungle, District Kabirdham (C.G.)
                                                                          ---- Appellant.
                                         Versus
 • State of Chhattisgarh Through Station House Officer, Police Station Singhanpuri
   Jungle, District Kabirdham (C.G.)                           ---- Respondent

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19-12-2022 Mr. Dharmesh Shrivastava, counsel for the appellant.

Mr. R.M. Solapurkar, Govt. Advocate. for the State. Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the Judgment of conviction and order of sentence dated 21-11-2022 passed by the learned Additional District and Sessions Judge (FTC) under Protection of Children from Sexual Offences Act 2012), Kawardha, District Kabirdham (CG) in Special Criminal Case No. 682 of 2020 for the offence punishable as under.

                  CONVICTION                      SENTENCE
                  Under Section 354-D IPC         As per provisions under Section 42
                                                  of POCSO Act, 2012 the accused is
                                                  sentenced for ofence under Section
                                                  8 of the Act as follows;
                  Under Section 8 of the          RI for 3 years and fne of Rs.500/-
                  POCSO Act. 2012
                  Under Section 354 of IPC        RI for 2 years and fne of Rs.500/-
                                                  with default stipulations.
                  Under Section 341 of IPC        SI for 15 days.

                  Under Section 323 of IPC      SI for 2 month.
                                                All the sentences are directed to
                                                run concurrently.

Victim/prosecutrix has appeared through Video Conferencing from concerned District Legal Services Authority, kabirdham and has raised objection for grant of bail to the appellant.

Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in connection with the said crime. He would further submit that the learned trial court without appreciating evidence has held that the appellant has committed the aforesaid offence. He would further submit that the evidence of prosecutrix and other witnesses have not supported the case of the prosecution. He further submits that the maximum sentence awarded to the appellant is RI for three years, the appeal is of 2022 and hearing of appeal on merits will take some time, therefore, the appellant may be released on bail.

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

I have heard learned counsel for the parties and perused the record.

Looking to the short sentence of three years awarded to the appellant, the appeal is of 2022 and also the fact that hearing of appeal will take some time, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 7-2-2023. 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 subsequent dates as are given to him by the said Court till the disposal of this appeal.

List this case for fnal hearing in its chronological order. Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge Raju