Johan Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 4389 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                             Criminal Appeal No. 49 of 2022

                        Johan Banjare and another Versus State of CG




11/07/2022           Shri Devrishi Thakur counsel for the appellants.

                     Ms. Shivali Dubey PL for the respondent/ State.

State counsel informed that the notice issued to the prosecutrix/victim has been served.

Heard on IA No. 01/2022 for suspension of sentence and grant of bail.

2. By the judgment dated 31.12.2021 passed by Additional Sessions Judge (FTC) Raipur in Special Criminal Case No. 229/2018, the appellants have been convicted under Sections 323, 354, 451 IPC and 8 of the POCSO Act and sentenced to undergo RI for six months with fine of Rs. 500/-, RI for three years with fine of Rs. 500, RI for six months with fine of Rs. 500 and RI for three years with fine of Rs. 500/- respectively, plus default stipulations.

3. Case of the prosecution in short is that on 4.12.2018 the appellants assaulted the prosecutrix who at the relevant time was aged about 17 years with an intention to outrage her modesty.

4. Counsel for the appellant submits that there was some family dispute between the parties, that the evidence of the prosecutrix does not inspire confidence, that the fine amount has already been deposited, that the appellants have remained in jail for 06 months and 07 days, during trial they were on bail and did not misuse the liberty granted to them, that the appeal is likely to take some time for disposal, the application may be allowed, sentence imposed on them may be suspended and they may be released on bail.

5. On the other hand, State counsel opposes the application for bail and submits that the findings of the Court below are based on proper appreciation of the evidence on record, and therefore, looking to the act attributed to the appellants, they are not entitled for bail.

6. After hearing counsel for the parties, considering the facts and circumstances of the case, the fact that the appellant did not misuse the liberty granted to him during trial by granting bail, that the appellants have already remained in jail for 06 months and 07 days and that the appeal is likely to take some time for disposal, this Court is of the opinion that it is a fit case to suspend the substantive sentence imposed on the appellants and release them on bail. Accordingly, the application is allowed. It is directed that on appellants' furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court the substantive sentence imposed on them shall remain suspended and they be released on bail. The appellants shall first appear before the Registry of this Court on 27.9.2022 and thereafter before the trial Court on all the dates as as given to them in this regard.

List the case for final hearing in due course.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi