Abdul Shaheed vs State Of Chhattisgarh
2022 Latest Caselaw 7027 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                        CRA No. 16 of 2021

                            Abdul Shaheed Versus State Of Chhattisgarh

 Division Bench:-

 Hon'ble Shri Justice Sanjay K. Agrawal &
 Hon'ble Shri Justice Rakesh Mohan Pandey




22.11.2022           Mr. Anil Gulati, counsel for the appellant.

                     Mr. Sudeep Verma, Dy. G.A. for the State / respondent.

Heard on I.A. No.1, application for suspension of sentence and grant of

bail.

By the impugned judgment of conviction and order of sentence dated

23.11.2020 passed by the Special Judge (under the POCSO Act), Baikunthpur,

District Koriya, C.G. in Special Criminal Case (POCSO) No.11/2018, the

appellant has been convicted for the offence under Section 6 of the POCSO Act

and sentenced to undergo imprisonment for life along with fine of Rs.5000/-, in

default of payment of fine 6 months further R.I. and also under Section 377 of

IPC and sentenced to undergo imprisonment for life along with fine of Rs.5000/-,

in default of payment of fine 6 months further R.I.

Mr. Anil Gulati, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record. He is in custody

since 07.04.2018, therefore, application may be allowed and appellant may be released on bail.

Per contra, Mr. Sudeep Verma, learned State counsel, opposes the

prayer raised by learned counsel for the appellant and submits that on the basis

of statement of victim (PW-5), who was minor at the time of incident, Dr.

Pradeep Kumar Rohan (PW-11), medical report (Ex.P/22) the learned trial Court

has rightly convicted the present appellant and, as such, the bail application of

the appellant deserves to be rejected.

We have heard learned counsel for the parties, considered their rival

submissions and also perused the records with utmost circumspection.

Taking into consideration the facts and circumstances of the case, nature

and gravity of offence and considering statement of victim (PW-5), who was

minor at the time of incident; medical report (Ex.P/22) proved by Dr. Pradeep

Kumar Rohan (PW-11) and further considering the other evidence available on

record, we are not inclined to grant bail to the present appellant. Accordingly, I.A.

No. 1 is rejected.

                        Sd/-                                        Sd/-
               (Sanjay K. Agrawal)                        ( Rakesh Mohan Pandey )
                     Judge                                          Judge




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