Dharamraj @ Pintu Patel vs State Of Chhattisgarh
2022 Latest Caselaw 5594 Chatt

                                                                              NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 263 of 2022

 • Dharamraj @ Pintu Patel, S/o Ramawatar Patel, Aged About 28 Years, R/o
   Village Pipariya, Ward No. 2, Khairagarh, Police Station & Tahsil Khairagarh,
   District- Rajnandgaon Chhattisgarh.

                                                                   ---- Appellant

                                    Versus

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

                                                               ---- Respondent

07/09/2022 Mr. Roop Ram Naik, counsel for the Appellant.

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

Vide order dated 09.03.2022, victim/prosecutrix has appeared through video conferencing from the concerned DLSA, Rajnandgaon and raises strong objection to the application (I.A. No. 1 of 2022) for suspension of sentence and grant of bail.

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 02.12.2021 passed by the learned Upper Sessions Judge, Khairagarh, District- Rajnandgaon (C.G.) in Special Session Trial No. 26/2020, the appellant stands convicted as under:-

                  Conviction                         Sentence

              U/s 8 of POCSO Act,     R.I. for 5 years and to pay fine amount of
                      2012            Rs. 1,000/- and in default of payment of
                                            fine additional R.I. for 3 months

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 prosecution has failed to produce evidence which shows that the victim was minor at the time of incident. He further contends that appellant is in jail since 02.12.2021, 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 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. 01/2022 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.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi