Yogesh Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 4419 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                          Criminal Appeal No. 1051 of 2022

                              Yogesh Kumar Versus State of CG




12/07/2022           Shri Basant Dewangan, counsel for the appellant.

                     Shri Kasif Shakeel Dy. AG for the respondent/ State.

Prosecutrix and her mother are appeared through Video Conferencing from the concerned DLSA and raised serious objection to grant of bail to the appellant.

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

2. By the judgment dated 23.6.2022 passed by Special Judge (FTC) Shakti, District Janjgir Champa in Special Criminal Case No. 12/2021, the appellant has been convicted under Section 12 of POCSO Act and sentenced to undergo RI for three months and pay fine of Rs. 1000/-, plus default stipulation.

3. Case of the prosecution in short is that on 14.11.2020 when the prosecutrix was returning from temple, the appellant came to her and molested her verbally.

4. Counsel for the appellant submits that the evidence adduced by the prosecution has not been appreciated in its proper perspective, and thus the trial Court has committed an error of law as well as of fact in convicting and sentencing the appellant as above. He further submits that the maximum sentence imposed on the appellant is RI for three months and that as the appeal is likely to take some more time for final disposal, sentence imposed on the appellant may be suspended and he be released on bail.

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

6. After hearing counsel for the parties, considering the facts and circumstances of the case, that the sentence imposed on the appellant is RI for three months, 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 appellant and release him on bail. Accordingly, the application is allowed. It is directed that on appellant's furnishing a bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the trial Court the substantive sentence imposed on him shall remain suspended and he be released on bail. The appellant shall first appear before the Registry of this Court on 25.8.2022 and thereafter before the trial Court on all the dates as as given to him in this regard.

List the case for final hearing in due course.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi