Chandan @ Golu vs State Of Chhattisgarh
2022 Latest Caselaw 5956 Chatt

                                                  1




                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                      CRA No. 376 of 2020

       Chandan @ Golu S/o Rajendra Prasad Gupta, aged about 23 years, R/o Awash
        Plot Dabhara, P.S. Dabhara District Janjgir Champa, C.G.                   Appellant

                                               Versus

       State Of Chhattisgarh, Through : Station House Officer, Dabhara, District Janjgir -
        Champa, C.G.                                                             Respondent

Single Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal

22.09.2022 Mr. Ishwar Jaiswal, counsel for the appellant.

Mr. Sudeep Verma, Dy. G.A. for the State / respondent.

Heard on I.A. No. 1, application for suspension of sentence and grant

of bail.

By the impugned judgment and order of sentence dated 24.02.2020

passed by the Special Judge / F.T.C.(POCSO), Sakti, District Janjgir-

Champa (C.G.) in Special Criminal Case No. 41/2019, the appellant has

been convicted as under :-

                        Conviction                           Sentence

             Under Section           12   of R.I. for 1 year and fine of Rs.1000/-, in
             POCSO                           default of fine additional S.I. for 3 months

Mr. Ishwar Jaiswal, learned counsel for the appellant, submits that the

appellant has falsely been implicated in crime in question and he has been

convicted by recording a finding which is perverse to the record.

Learned counsel for the appellant also submits maximum sentence

awarded to the appellant is 1 year. Learned counsel for the appellant

further submits that appellant was on bail during trial and he did not misuse

the liberty given by the trial Court. Learned counsel for the appellant further

submits that final disposal of the the appeal is likely to take time and,

therefore, application may be allowed and appellant may be released on

bail.

Per contra, Mr. Sudeep Verma, learned State counsel, opposes the

prayer made by learned counsel for the appellant.

I have heard learned counsel for the parties, considered their rival

submissions and also perused the record with utmost circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering the fact that the maximum

sentence awarded to the appellant is 1 year, and during trial he was on bail

and did not misuse the liberty given by the trial Court, further considering

that final disposal of the case is likely to take time and further considering

the other evidence available on record I am inclined to grant bail to the

present appellant - Chandan @ Golu. Accordingly, I.A. No.1 is allowed.

The substantive jail sentence awarded to the appellant - Chandan

@ Golu is suspended during the pendency of this appeal and he is

directed be released on bail on his furnishing a personal bond in the sum of

Rs.25,000/- along with one surety in the like sum to the satisfaction of the

concerned trial Court for his appearance before the Registry of this Court

on 15 th of November, 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 are given to him by the

said Court, till the disposal of this appeal.

Certified copy as per rules.

Sd/-

(Sanjay K. Agrawal) Judge

Ankit