Nagesh Dwivedi vs State Of Chhattisgarh
2022 Latest Caselaw 6283 Chatt

                                                                                NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                              CRA No. 1533 of 2022

 Nagesh Dwivedi, S/o Dindayal Dwivedi, aged about 29 Years, R/o Lal Khadan
  Mahamand, Near House Of Surendra Badhai, Torwa, P. S. Torwa District, Bilaspur,
  C.G.

                                                                          ----Appellant

                                     Versus

 State of Chhattisgarh, Through Police Station Torwa, District : Bilaspur,
  Chhattisgarh.

                                                                       ---- Respondent

14/10/2022 Mr. P.K. Tulsyan, counsel for the appellant.

Mr. Neeraj Pradhan, P.L. for the State.

Call for the record of the Court below.

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

sentence and grant of bail to the appellant.

By the impugned judgment dated 20.09.2022 passed by the

Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur,

C.G., in Special Criminal Case (POCSO Act) No.163/2021, the

appellant stands convicted and sentenced as under:

Conviction Sentence

Under Section 457 of Indian Penal Rigorous Imprisonment for Code three years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for six months Under Section 354 of Indian Penal Rigorous Imprisonment for Code three years and fine of Rs.500/-, in default of payment of fine amount to undergo further additional imprisonment for three months

Under Section 8 of Protection of Rigorous Imprisonment for Children from Sexual Offences Act, three years and fine of 2012 Rs.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for six months

Under Sections 3(1)(c-i)(c-ii) of Rigorous Imprisonment for Scheduled Castes and Scheduled three years and fine of Tribes (Prevention of Atrocities Act) Rs.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for six months

Under Sections 3(2)(v-a) of Rigorous Imprisonment for Scheduled Castes and Scheduled three years and fine of Tribes (Prevention of Atrocities Act) Rs.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for six months

(All sentences were directed to run concurrently)

Learned counsel for the appellant submits that the trial Court

has not properly appreciated the overall evidence available on record

for holding the appellant guilty. He further submits that there are major

contradictions and omissions in the statements of the prosecution

witnesses. The appellant was on bail during trial and did not misuse

the liberty granted to him and after passing of the impugned judgment

he is in jail. The disposal of the appeal is likely to take some time.

Therefore, the appellant be released on bail.

On the other hand, learned counsel for State opposes the bail

application.

Prosecutrix appeared before this Court and raised objection to

release of the appellant on bail.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, in

particular the fact that the maximum sentence awarded to the

appellant is of three years, the fact that the appellant was on bail

during trial and even after passing of the impugned judgment for a

limited period and did not misuse the liberty granted to him, the

appellant has no criminal antecedents and that disposal of this appeal

is likely to take some time, without expressing any opinion on the

merits of the case, I am of the opinion that present is a fit case to

suspend the jail sentence imposed upon the appellant and to release

him on bail.

Accordingly, the application (I.A. No.01 of 2022) 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.25,000/- with one surety

of the like sum to the satisfaction of the trial Court. He shall appear

before the Registry of this Court on 06.12.2022 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.

List the case for final hearing in due course.

Sd/-

(Radhakishan Agrawal) Judge

Akhilesh