Mithun Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 4420 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                          Criminal Appeal No. 858 of 2022

                              Mithun Yadvav Versus State of CG




12/07/2022           Shri Mohit Kumar counsel for the appellant.

                     Shri Shakti Singh Thakur PL for the respondent/ State.

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

2. By the judgment dated 12.5.2022 passed by Special Judge (SC/ST Act) Raigarh in Special Criminal Case No. 02/2021, the appellant has been convicted under Sections 354, 323 IPC and 3(1)(w)(1) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo RI for 1 year with fine of Rs. 50/-, RI for six months, RI for one year with fine of Rs. 50 and RI for six months with fine of Rs. 50/- respectively, plus default stipulations.

3. Case of the prosecution in short is that on 8.1.2021 at about 6 PM when the prosecutrix had gone to the field to answer the call of nature, the accused/appellant came to her and with and intention to outrage her modesty he touched her breasts, caught hold of her hands and legs and also shut her mouth.

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. It is submitted that the appellant was in jail for a period of 91 days. He submits that the appellant was on bail during trial as also after pronouncement of the judgment impugned and did not misuse the liberty granted to him. He further submits that the maximum sentence imposed on the appellant is RI for one year 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 and submits that the findings of the Court below are based on proper appreciation of the evidence on record, and therefore, looking to the overt act attributed to the appellant, he is 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 and even after the pronouncement of the judgment impugned, that he has already remained in jail for a period of 91 days, that the fine has been deposited, 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. 25,000/- 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