Manoj Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 1262 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 350 of 2022

 • Manoj Banjare S/o Anjor Das Banjare Aged About 22 Years R/o Village
   Nagpura, Police Station Palari, District- Balodabazar-Bhatapara (C.G.)
                                                                  ---- Appellant

                                         Versus

 • State Of Chhattisgarh Through Police Station Palari, District- Balodabazar-
   Bhatapara, Chhattisgarh.                                        --- Respondent

10.03.2022

Shri Yogesh Kumr Chandra, Counsel for the Appellant.

Mr. Amit Kumar Verma, P.L. for the State/Respondent.

Heard I.A. No. 01/2022, an application for suspension of

sentence and grant of bail to the Appellant.

In compliance of order dated 22.02.2022, the prosecutrix

has appeared on 04.03.2022 before this Court along with her

father. On being asked, she has not objected for grant of bail to

the Appellant.

By the impugned judgment dated 10.02.2022 passed in

Misc. Criminal Case (POCSO) No. 61/2019 by the learned

Additional District and Sessions Judge, FTSC (POCSO Act),

Balodabazar, District Balodabazar-Bhatapara, (C.G.) the

Appellant stands convicted as mentioned below:

      Conviction             Sentence              In Default

Under Section 354 RI for 01 year with a In     default     of
of I.P.C.         fine    amount     of payment of fine
                  Rs.1,000/-            additional RI for 06
                                        months.

Under Section 08 of R.I. for 03 years In      default     of
POCSO Act.          with a fine amount payment of fine
                    of Rs.2,000/-      additional RI for 06
                                       months.

Learned counsel for the appellant submits that the

appellant has been wrongly convicted by the Trial Court. He

further submits that during trial the appellant was on jail for 8

days and after the judgment of the Court below he was granted

temporary bail up to 11.03.2022. Victim/prosecutrix has also no

objection for grant of bail to the appellant. Hence, it is prayed

that the application for suspension of sentence and grant of bail

to the appellant may be allowed.

On the other hand, learned counsel for the State has

opposed the bail application and submissions made in this

respect.

Heard both the parties and perused the record of the Trial

Court.

Considering the facts and circumstances of the case,

particularly considering the fact that the appellant was on bail

during trial and he has not misused the liberty granted to him

and also that victim/prosecutrix has no objection in grant of bail to the appellant, without further commenting on other merits of

the case, I am of this opinion that it will be proper to release the

appellant on bail during the pendency of this appeal.

Execution of substantive jail sentences imposed upon the

appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on executing a personal

bond for a sum of Rs.25,000/- with one solvent surety for the

like sum to the satisfaction of the Trial Court for his appearance

before the Registry of this Court on 12.07.2022. He shall

thereafter appear before the Trial Court on a date to be given by

the Registry of this Court and shall continue to appear there on

all such subsequent dates as are given to him by the said

Court, till the disposal of this appeal.

List this case for final hearing in due course.

Certified copy today.

Sd/-

vivek (Arvind Singh Chandel) Judge