Baleshwar Yadav @ Krishna Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 5770 Chatt

                                                                                  NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1407 of 2022

  • Baleshwar Yadav @ Krishna Kumar S/o Gopal Yadav Aged About 35 Years R/o
    Village- Hariharpur, Police Station- Chandaura, District- Surajpur, Chhattisgarh.

                                                                          ---- Appellant

                                         Versus

  • State of Chhattisgarh Through The Station House Officer, Police Station-
    Chandaura, District- Surajpur, Chhattisgarh.

                                                                        ---- Respondent

14.09.2022 Mr. D. N. Prajapati, counsel for the Appellant.

Mr. Ali Asgar, Dy. A.G. for the State.

Heard on application for suspension of sentence and grant of bail.

Pursuant to the order dated 08.09.2022, victim/prosecutrix along with her brother is present today though DLSA, Surjpur. On being asked, she made her objection regarding the suspension of sentence and grant of bail.

By the impugned judgment dated 16.08.2022 passed by learned Additional Sessions Judge, Special Court (POCSO Act), Pratappur, District Surajpur (C.G.) in Special Case No. 04/2022, whereby the learned Judge convicted the appellant as under:

                     Conviction                           Sentence

             U/s 365 of IPC            R.I. for 3 years and fine of Rs. 1,000/-
                                       with default stipulation.

             U/s 354 of IPC            R.I. for 2 years and fine of Rs. 1,000/-
                         with default stipulation.

U/s 8 of POCSO Act.     R.I. for 2 years and fine of Rs. 1,000/-
                        with default stipulation.

Learned counsel for the appellant would submit that learned trial Court has convicted the appellant without there being any legally admissible evidence against him. He further submits that prosecution has failed to prove the fact that on the date of incident, the prosecutrix was minor. He further submits that the appellant was in jail during trial from 13.03.2022 to 16.08.2022. At present, he is on bail, at this stage, he may be granted bail by suspending his jail sentence.

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, the 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 10th November 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/-