Pradeep Uike vs State Of Chhattisgarh
2022 Latest Caselaw 4292 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                                CRA No. 530 of 2022


   Pradeep Uike, S/o Rajkumar Uike, Aged About 19 Years, R/o Nagtarai Bazar
    Chowk Ward No. 6, Police Station Dongargarh, District Rajnandgaon,
    Chhattisgarh.                                             ---- Appellant
                                      Versus
   State of Chhattisgarh, Through Station House Officer, Police Station,
    Dongargarh, District- Rajnandgaon, Chhattisgarh.     ---- Respondent

07/07/2022 Shri B.P.Singh, counsel for the appellant.

Shri Kunal Das, Panel Lawyer for the State/respondent.

Heard on I.A. No. 01/2022, application under Section 389 of CrPC 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 04.03.2022 passed in Special

Criminal Case No.02/2020 by Additional Sessions Judge, Dongargarh,

District- Rajnandgaon (C.G.) as under:-

             Conviction                           Sentence
             Under Section 8 of POCSO Act         R.I. for 3 years with fine of Rs.
                                                  1,000/- and default in payment of
                                                  fine amount, additional R.I. for 2
                                                  months.

Learned counsel for the appellant submits that the appellant is

falsely implicated, the prosecution was unable to prove the guilt of the

appellant, however, on the basis of weak & clumsy evidence and wrong

appreciation of evidence, the appellant was convicted by the trial Court. The appellant was on bail during trial and he did not misuse the liberty,

after passing of the judgment, his jail sentence has also been suspended

for a limited period 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 submits that the

learned trial Court has rightly convicted the appellant under the aforesaid

offence after due appreciation of the evidence, looking to the age of the

prosecutrix, the manner in which the said offence was committed, the

appellant may not be given benefit of bail and his application for

suspension of sentence and grant of bail may be rejected.

Heard learned counsel for the parties and perused the record.

Considering the facts & circumstances of the case, the short

sentence i.e. 3 years has been imposed upon the appellant, he was on

bail during trial and he did not misuse the liberty granted to him, the fine

amount has already been paid by him, his sentence has been

suspended for a limited time by the trial Court, the age of the appellant

who is 19 years old, final disposal of this appeal is likely to take some

time, without commenting anything on merits of the case, the application

(I.A. No.1/2022) 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.50,000/- with one surety to

the satisfaction of the trial Court.

He shall appear before the Registry of this Court on 25.08.2022

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.

Sd/-

(Sachin Singh Rajput) Judge

Nadim