Ladu @ Jageshwar Prasad Kewat vs State Of Chhattisgarh
2022 Latest Caselaw 1412 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                            CRA No. 1013 of 2020

 Ladu @ Jageshwar Prasad Kewat Son of Dilharan Kewat, aged about 23 years
 Resident of Gondaiya Nawapara, Police Station- Ratanpur, District : Bilaspur,
 Chhattisgarh

                                                                       ---- Appellant

                                    Versus

 State of Chhattisgarh through The Station House Officer, Police Station- Ratanpur,
 District : Bilaspur, Chhattisgarh

                                                                    ---- Respondent

17.03.2022 Mr. Goutam Khetrapal, Counsel for the appellant.

Mr. C.B. Kesharwani, P.L. for the State/Respondent.

Heard I.A. No. 01/2020, an application for suspension of

sentence and grant of bail to the appellant.

Victim of this case is present today along with her father. On

being asked, they have no objection for grant of bail to the appellant.

By the impugned judgment date 11.12.2020 passed in Special

Criminal Case No.85/2019 by the learned Additional Sessions Judge,

Second Fast Track Special Court, Bilaspur, District: Bilaspur (C.G.)

the appellant stands convicted as mentioned below:

         Conviction            Sentence                 In Default

U/s 452 of IPC          RI for 3 years with a In default of payment
                        fine    amount     of of     fine    amount
                        Rs.1,000/-.           additional RI for 6
                                              months.

U/s 354 of IPC          RI for 3 years with a In default of payment
                        fine    amount     of of     fine    amount
                        Rs.1,000/-.           additional RI for 6
                                              months.

U/s 7/8 of POCSO RI for 5 years with a In default of payment Act, 2012 fine amount of of fine amount Rs.2,000/-. additional RI for 6 months.

U/s 11/12 of POCSO RI for 3 years with a In default of payment Act, 2012 fine amount of of fine amount Rs.1,000/-. additional RI for 6 months.

All the sentences awarded to the appellant shall run concurrently.

Learned counsel for the appellant submits that the appellant

has been wrongly convicted by the Trial Court in the judgment without

there being any sufficient evidence available on record. He further

submits that the appellant is in jail since 05.05.2019 and appeal will

take some more time, therefore, it is prayed that appellant be granted

bail.

On the other hand, Learned counsel for the State has opposed

the bail application and submissions made in this respect.

After perusing the impugned judgment and considering the fact

that both the parties have settled their matter, the appellant has undergone about 2 ½ years in jail, and appeal is likely to take some

more time, therefore, I am of the opinion that the application should

be allowed.

Accordingly, I.A. No.1/2020 is allowed.

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 22.08.2022. 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.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh