Chattisgarh High Court
Rajesh Thakur vs State Of Chhattisgarh on 21 October, 2022
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 457 of 2020
1. Rajesh Thakur S/o Shri Vishwanath Thakur Aged About 28 Years R/o Ward
No. 5, Rajhara Camp, Ahiwara, Police Station- Nandini, District- Durg
(C.G.).
----Appellant
(In Jail)
Versus
2. State Of Chhattisgarh Through Police Station Nandani, District- Durg (C.G.).
---- Respondent
21/10/2022 Mr. P.R. Patankar, Counsel for the appellant.
Mr. Neeraj Pradhan, P.L. for the State/respondent.
Heard on I.A. No. 01/2020, application for suspension of sentence
and grant of bail to the appellant.
By the impugned judgment dated 28/02/2020 passed by Additional
Sessions Judge, 3rd Fast Track Special Court (POCSO Act) Durg, District
Durg (CG.) in Special S.T. No. 128/2017, the appellant stands convicted
and sentenced as under:
Conviction Sentence
Under Section 354 of R.I. for 5 years and fine of Rs. 200/-, in
Indian Penal Code. default of payment of fine additional R.I.
for 4 days.
Under Section 8 of R.I. for 5 years and fine of Rs. 200/-, in
POCSO Act. default of payment of fine additional R.I.
for 4 days.
(Both the sentences were directed to run concurrently)
Counsel for the appellant submits that the impugned judgment is per
se illegal and bad in law. There are major contradictions and omissions in
the statements of the prosecutrix and other witnesses. The appellant was
on bail during trial and did not misuse the liberty so granted. The disposal
of the appeal is likely to take some time, therefore, the appellant be
released on bail.
On the other hand, State counsel opposes the bail application.
Parents of the prosecutrix is present in person. Mother of the
prosecutrix has been duly identified by the Counsel for the State. Copy of
the Aadhar card of mother of prosecutrix has also been taken on record
today. They have no objection in grant of bail to the appellant but they pray
for imposition of a condition that appellant after his release will not
threaten or harass them.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case, in particular
the fact that appellant was on bail during trial, he did not misuse the liberty
granted to him and that disposal of this appeal is likely to take some time,
without expressing anything on 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. 01/2020) 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 in the like sum to the
satisfaction of the trial Court concerned for his appearance before the
Registry of this Court 20th January, 2023. 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 disposal of this appeal.
List this case for final hearing in its due course.
-Sd/-
(Radhakishan Agrawal)
Judge
Chandrakant
