Umesh Markam vs State Of Chhattisgarh
2022 Latest Caselaw 16 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                               CR.A. No. 691 of 2021
Umesh Markam, S/o. Bhagwat Markam, aged about 23 years, resident of Village
Bhendra, Police Station Bhakhara, District Dhamtari Chhattisgarh.
                                                                  ---- Petitioner

                                       Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Bhakhara,
District Dhamtari Chhattisgarh.

                                                                       ---- Respondent

Mr. K.P. Sahu, counsel for the appellant.

03/01/2022 Mr. Sunil Otwani, Additional A.G. for the State.

Heard on I.A. No.1/2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment of conviction and

order of sentence dated 30.12.2020, passed in Special Criminal Case

No.01/2020, by the learned Special Judge POCSO (FTC), Dhamtari,

District- Dhamtari (C.G.) in the following manner with a direction to run

both the sentences concurrently :-

U/s. 363 of the Indian Penal : R.I. for 1 year and fine of Rs.200/-

              Code                           and in default of payment of fine,
                                             further undergo 1 month of simple
                                             imprisonment.

U/s. 376 (2) of the Indian : R.I. for 20 years and fine of Penal Code and Section 6 of Rs.5000/- and in default of the Protection of Children payment of fine, further undergo 6 from Sexual Offences Act, months of simple imprisonment.

Learned counsel appearing for the appellant would submit that the conviction of the appellant is erroneous and not based on the evidence brought beyond all reasonable doubts. The prosecutrix (P.W.-2) has contradicted her own statement in her cross-examination and eye-witness (P.W.-4) has not made any statement regarding commission of offence of rape, therefore, the conviction against the appellant is bad and he has good case to argue in this appeal. Therefore, it is prayed that the sentence awarded to the appellant may be suspended and he may be enlarged on bail.

Per contra, the learned State counsel opposes the prayer for suspension of sentence and grant of bail. It is submitted that the prosecution has proved its case beyond all reasonable doubt, therefore, there is no case made out for grant of bail to the appellant.

Considered on the submissions and perused the evidence present on record of the trial Court. Considering the same, we are of the view that it is a fit case to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.1/2021, application for suspension of sentence and grant of bail, is allowed.

Execution of substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs.50,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 22nd March, 2022. 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.

Certified copy as per rules.

                       Sd/-                                 Sd/-
                (R.C.S. Samant)                    (Arvind Singh Chandel)
                     Judge                                 Judge
balram