Raja Nageshia vs State Of Chhattisgarh
2022 Latest Caselaw 5590 Chatt

                                                                            NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 869 of 2021

 • Raja Nageshia, S/o Butan Nageshia, Aged About 19 Years, R/o Village
   Thanpara, Kusmi, Police Station- Kusmi, District Balrampur - Ramanujganj
   Chhattisgarh.

                                                                  ---- Appellant

                                   Versus

 • State of Chhattisgarh, Through - Police Station Kusmi, District- Balrampur -
   Ramanujganj Chhattisgarh.

                                                              ---- Respondent

07/09/2022 Mr. Vivek Sharma, counsel for the Appellant.

Ms. Deepti Shukla, P.L. for the State/respondent.

Vide order dated 23.08.2022, prosecutrix appeared through video conferencing from the concerned DLSA, Balrampur and made her objection regarding grant of bail to the appellant.

Heard on I.A. No. 01/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 14.07.2021 passed by the learned Additional Sessions Judge/ Special Judge (POCSO/ FTC) Ramanujganj, District- Balrampur- Ramanujganj (C.G.) in Special Session Case (POCSO) No. 4/2017, the appellant stands convicted as under:-

Conviction Sentence

U/s 363 of IPC RI for 5 years and to pay fine amount of Rs. 5,000/- and in default of payment of fine 3 months imprisonment U/s 366 of IPC RI for 5 years and to pay fine amount of Rs. 5,000/- and in default of payment of fine 3 months imprisonment

U/s 6 of POCSO Act, Imprisonment for 10 years and to pay fine 2012 amount of Rs. 10,000/- and in default of payment of fine 6 months imprisonment

(all original 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 the learned trial Court has failed to appreciate that the radiological report has estimated the age of the prosecutrix to be around 17 years and no admissible proof of age has been put forth by the prosecution. He further contends that appellant is in jail since 15.12.2016 till today, the appeal is likely to take some time for its conclusion. Hence, it is prayed that his application be allowed.

Reliance has been placed on the judgment rendered by the Hon'ble Supreme Court in the matter of Satpal Singh Vs. State of Haryana passed in (2010) 8 SCC 714.

On the other hand, learned State counsel has opposed the bail application and submissions made in this respect.

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

After perusing the impugned judgment and considering the detention period of the appellant 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.

Accordingly, I.A. No. 01/2021 is allowed.

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 20th October, 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.

Sd/-

(Rajani Dubey) Judge

Ruchi