Sanjay Dhritlahare vs State Of Chhattisgarh
2022 Latest Caselaw 5564 Chatt

                                                                                    NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 1186 of 2022

  • Sanjay Dhritlahare S/o Puran Dhritlahre, Aged About 20 Years,                      R/o
    Khamhikurmi Police Station Jarhagaon, District- Mungeli, Chhattisgarh.

                                                                          ---- Appellant

                                         Versus

  • State of Chhattisgarh           Through   District   Magistrate,   District-   Mungeli,
    Chhattisgarh.

                                                                        ---- Respondent

06.09.2022 Mr. Dheerendra Pandey, counsel for the Appellant.

Mr. Ishwar Jaiswal, P.L. for the State.

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

Pursuant to the order dated 29.07.2022, prosecutrix along with her father Dinesh Kumar Patre is present today before this Court though her counsel. On being asked, she made her objection regarding the suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 11.07.2022 passed by learned Special Judge (FTSC) POCSO Act, Mungeli, District Mungeli (C.G.) in Special Criminal Case No. 50/2019 whereby the learned Judge convicted the appellant as under:

                   Conviction                            Sentence

             U/s 363 of IPC            R.I. for 5 years and fine of Rs. 1,000/-
                                       with default stipulation.

             U/s 366 (A) of IPC        R.I. for 5 years and fine of Rs. 1,000/-
                                       with default stipulation.
 U/s 6 of POCSO Act         R.I. for 10 years and fine of Rs. 2,000/-
                           with default stipulation.

Learned counsel for the applicant would submit that the trial Court has convicted the appellant without there being any legally admissible evidence against him. The trial court wrongly appreciated the statement of the prosecutrix. In her cross- examination she clearly stated that she is the consenting party, she herself left with the appellant. The appellant is in jail since 10.09.2019, therefore, the appellant may be released on bail during the pendency of this appeal.

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

I have heard learned counsel for both the parties.

Considering the facts and circumstances of the case, nature and quality of the evidence available on record, further considering the sentence imposed upon him by the Court below, without further commenting on merits of the case, I am inclined to release the applicant on bail.

Accordingly, I.A. No. 01/2022, application for suspension of sentence and grant of bail is allowed.

It is directed that the 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 for a sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 13th 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, shall continue to appear all subsequent dates given to him by the trial Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

V/-