Naresh Kumar Baghel vs State Of Chhattisgarh
2022 Latest Caselaw 4844 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 862 of 2022


    Naresh Kumar Baghel S/o Daharu Ram Baghel Aged About 24 Years R/o
     Village Baheradeeh, Police Station Jaijaipur, District : Janjgir-Champa,
     Chhattisgarh.                                             ---- Appellant
                                      Versus
    State of Chhattisgarh, Through Police Station Jaijaipur, District : Janjgir-
     Champa, Chhattisgarh.                                    ---- Respondent

28.07.2022 Shri K.K. Dewangan, counsel for the appellant.

Shri Kunal Das, P.L. for the State/respondent.

Heard on I.A. No. 03/2022, application 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 13.05.2022 passed in Special Criminal Case No. 45/2020 by the Special Judge (FTSC), Sakti, District- Janjgir-Champa (C.G.) as under:-

             Conviction                            Sentence
              U/s. 8 of POCSO Act                  R.I. for 3 years, fine- 2,000/-, further
                                                   R.I. for 6 months in case of default in
                                                   payment of fine amount.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing. Looking to the statement of the prosecutrix (PW/3) there is discrepancy in her statements with regard to the aforestated offence. The detention period of the appellant i.e. more than 7 months, the appellant was on bail during trial and he did not misuse the liberty granted to him 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 opposes bail application.

The prosecutrix has appeared through VC from DLSA, Janjgir- Champa and she raised objection to release of the appellant on bail.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant i.e. 3 years, the statement of the prosecutrix (PW/3), he was on bail during trial and did not misuse the liberty granted to him, detention period of the appellant, who is 24 years old, fine amount has already been deposited by him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the 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.5,000/- with one surety to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 29.09.2022 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.

Call for record of the Court below.

List the case for final hearing.

Sd/-

(Sachin Singh Rajput) Nadim Judge