Gurudas Singh vs State Of Chhattisgarh
2022 Latest Caselaw 5514 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                              CRA No. 784 of 2022

 • Gurudas Singh S/o Shera Singh Aged About 22 Years R/o Village Tambuwada
   P.S. And Tahsil Patda, District : Patiyala, Punjab.

                                                                        ---- Appellant

                                         Versus

 • State of Chhattisgarh Through Station House Officer Pachpedi, District :
   Bilaspur, Chhattisgarh.

                                                                      ---- Respondent

05/09/2022 Mr. Ishwar Jaiswal, counsel for the appellant.

Ms. Smriti Shrivastava, P.L. for the State.

Heard on I.A. No.01/2022, which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 17.09.2021 passed by learned Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur, District - Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 21/2019, the appellant has been convicted and sentenced as under:-

              S.No.           Conviction                       Sentences

               1.     U/s 363 of IPC              R.I. for 07 years with the fine of Rs.
                                                  1,000/- in default of payment of the
                                                  fine amount additional S.I. for 6
                                                  months.

               2.     U/s 366 of IPC              R.I. for 07 years with the fine of Rs.
                                                  1,000/- in default of payment of the
                                                  fine amount additional S.I. for 6
                                                  months.
                                                  Both     the  sentences    shall   run
                                                  concurrently.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case and the prosecution has failed to produce any cogent evidence against the appellant. He further submits that the appellant is ready to abide by the terms and conditions which may be imposed by this Court while granting the bail and the disposal of this appeal will likely to take some time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case, the application is allowed and it is directed that the substantive jail sentence imposed upon the appellant shall remain suspended and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 17th October 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court 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.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge H.L. Sahu