Surendra Banjare @ Daulat Ram vs State Of Chhattisgarh
2022 Latest Caselaw 90 Chatt

                                                                                    NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                    CRA No. 834 of 2021
     Surendra Banjare @ Daulat Ram S/o Chandulal Banjare Aged About 25 Years R/o
      Village Aatra, P.S. Ambagarh Chauky, District : Rajnandgaon, Chhattisgarh

                                                                            ---- Applicant
                                           Versus
     State of Chhattisgarh, Through - Police Station Ambagarh Chauky, District :
      Rajnandgaon, Chhattisgarh

                                                                        ---- Respondent

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06/01/2022 Shri Punit Ruparel, Counsel for the Applicant.

Shri Priyanshu Gupta, PL for the State/Respondent.

Heard on IA No. 01/21, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 29.07.2021, passed by the learned Additional Sessions Judge (FTSC) (POCSO), Rajnandgaon, (C.G.) in Special Criminal Case No.31/2018, the appellant stands convicted and sentenced as under :

Conviction Sentence

Under Section 363 of Indian Penal Rigorous imprisonment for 3 years & Code fine of Rs.500/-

Under Section 366 of the Indian Rigorous imprisonment for 7 years & Penal Code fine of Rs.500/-

Under Section 6 of POCSO Act Rigorous imprisonment for 10 years & fine of Rs.1000/-

In default of not payment of fine 3 months of additional rigorous imprisonment in each section Considering the facts and circumstances of the case, the evidence available on record, the statement of the father of the prosecutrix and also the statement of the prosecutrix and other witnesses, the detention period already undergone by the applicant and that disposal of the appeal is likely to take some time, without further commenting on merits of the case, I am inclined to release the appellant on bail.

Accordingly, the bail 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 12.04.2022 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 this case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

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