Rajaram Kashyap vs State Of Chhattisgarh
2022 Latest Caselaw 1034 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                           CRA No. 1436 of 2021

 Rajaram Kashyap, S/o Tularam Kashyap, Aged About 28 Years, R/o Village
  Khairtal, Police Station Nawagarh, District- Janjgir-Champa, Chhattisgarh.

                                                                     ---- Appellant

                                     Versus

 State of Chhattisgarh, Through- Police of Police Staiton Nawagarh, District-
  Janjgir-Champa, Chhattisgarh.                                 ---- Respondent

24.02.2022 Shri Govind Prasad Dewangan, counsel for the appellant.

Smt. Binu Sharma, P.L. for the State/respondent. None for the victim/prosecutrix, though served. Heard on I.A. No.01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 30.10.2021 passed in Special Sessions Case No. 39/2021 by the Special Judge (POCSO Act) Janjgir, District- Janjgir-Champa (C.G.) as under:-

                               Conviction                   Sentences
                        Under Section 354 (A) (1)    R.I. for 6 months with fine
                        (i) of IPC                   of Rs. 500/- and default
                                                     in   payment       of   fine
                                                     amount, additional R.I.
                                                     for 10 days.





           Under Section 354 of IPC       R.I. for 1 year with fine of
                                          Rs. 500/- and default in
                                          payment of fine amount
                                          additional   R.I.    for    10
                                          days.
           Under    Section    8    of    R.I. for 3 years with fine
           POCSO Act                      of Rs. 1,000/- and default
                                          in   payment        of     fine
                                          amount additional R.I. for
                                          20 days.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial & even after passing of the judgment he is on bail and he did not misuse the liberty granted to him, he paid the fine amount imposed upon him, he has no criminal antecedents and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

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

Considering the facts & circumstances of the case, the maximum sentence awarded to the appellant is 3 years, he was on bail during trial and even after passing of the judgment, he has already paid the fine amount and he did not misuse the liberty granted to him, there is no criminal antecedents of the appellant, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is

allowed.

It is directed that the execution of 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 in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 21.06.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.fied copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim