Shivkumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 5562 Chatt

                                                                                    NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1253 of 2022

• Shivkumar Sahu, S/o Pururam Sahu, Aged About 52 Years, R/o Marhikapa, Police
   Station- Kota, District- Bilaspur Chhattisgarh.

                                                                         ---- Appellant

                                      Versus

• State of Chhattisgarh Through Police Station- Kota, District- Bilaspur Chhattisgarh.


                                                                       ---- Respondent

06/09/2022 Mr. Akash Singh, Adv. appears on behalf of Mr. Hemant Kesharwani, counsel for the Appellant.

Mr. Amit Singh Chouhan, P.L. for the State/respondent.

Pursuant to the order dated 12.08.2022, prosecutrix and her parents are present before this Court and have raised their objection regarding grant of bail to the appellant.

Heard on I.A. No. 01/2022, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 01.08.2022 passed by the learned Additional Sessions Judge, 1st Fast Track Special Court (POCSO) Bilaspur, District- Bilaspur (C.G.) in Special Sessions Case No.119/2021, the appellant stands convicted as under:-

                    Conviction                              Sentence

                   U/s 354 of IPC        RI for 3 years and to pay fine amount of Rs.
                                            500/- and in default of payment of fine
                                             amount additional R.I. for 06 months

             U/s 08 of the POCSO Act      RI for 03 years and to pay fine amount of

Rs.500/- and in default of payment of fine amount additional R.I. for 06 months

(All sentences to 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 prosecution has failed to produce any independent evidence in support of allegation. It is further submitted by the counsel for the appellant that appellant was on bail during the trial and he has deposited the file amount before the trial Court and the appeal is likely to take some time for its conclusion. Hence, it is prayed that his application be allowed.

On the other hand, learned State counsel has opposed the bail application.

Heard learned counsel for both the parties and perused the record of the trial Court.

After perusing the impugned judgment and considering the entire facts and circumstance of the case and there is no likelihood of this appeal to come up for final hearing in near future, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

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 his 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 28.11.2022. 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 given to him by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi