Nagendra Dewangan vs State Of Chhattisgarh
2022 Latest Caselaw 5992 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              CRA No. 1260 of 2022

 • Nagendra Dewangan S/o Shankar Dewangan, Aged About 21 Years R/o Village
   Sirsi, Out Post Basdai, Police Station And District Surajpur (Chhattisgarh).

                                                                        ---- Appellant

                                        Versus

 • State of Chhattisgarh, Through: Station House Officer, Police Out Post Basdai,
   Police Station And District Surajpur (Chhattisgarh).

                                                                     ---- Respondent

23/09/2022 Mr. Shakti Raj Sinha, counsel for the appellant.

Mr. Raghvendra Verma, G.A. for the State. Pursuant to the order dated 16.08.2022, the father of the victim has appeared through video conferencing from the concerned DLSA, Surajpur and has made objection regarding the grant of bail to the appellant.

Heard on I.A. No.01/2022, which is an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 27.07.2022 passed by learned Additional Sessions Judge, Fast Track Special Court, Surajpur, District -Surajpur (C.G.) in Special Sessions Trial No. 32/2019, the appellant has been convicted and sentenced as under:-

              S.No.           Conviction                      Sentences

                1.     U/s 363 of IPC            R.I. for 04 years with the fine of Rs.
                                                 200/- in default of payment of the
                                                 fine amount additional R.I. for 4
                                                 months.

                2.     U/s 366 of IPC            R.I. for 06 years with the fine of Rs.
                                                 200/- in default of payment of the
                                                 fine amount additional R.I. for 4
                                                 months.
                3.     U/s 376(2)(N) of the IPC     No Separate   sentence   has   been
                                                   awarded.

4. U/s 6 of Protection of R.I. for 10 years with the fine of Rs.

Children from Sexual 200/- in default of payment of the Offences Act fine amount additional R.I. for 4 months.

                                              All   the   sentences    shall    run
                                              concurrently.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case and the age of the prosecutrix has not been proved at all by the prosecution as a minor so as to convict under POCSO Act. He further submits that the appellant is in jail since 05.05.2019 and has almost completed about 3 years and 3 months in jail. He also submits that the appellant is ready to furnish adequate surety and abide by directions and conditions which may be imposed by this Court, and the disposal of this appeal will likely to take some time, therefore, he may be enlarged on bail.

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

Considering the facts and circumstances of the case, quality of the evidence, the application is allowed and it is directed that the substantive jail sentence imposed upon the appellant shall remain suspended and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 9th 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, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

List this case for final hearing in its due course. Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

H.L. Sahu