Chattisgarh High Court
Piyush Patel vs State Of Chhattisgarh on 3 February, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1665 of 2022
• Piyush Patel S/o Komal Patel Aged About 19 Years R/o Ward No. 11, Marathi
Mohalla, Ambedkar Chowk, Police Station Vaishali Nagar, Bhilai, District Durg
Chhattisgarh. ---- Appellant.
Versus
• State of Chhattisgarh Through Police Station Vaishali Nagar, Bhilai, District Durg
Chhattisgarh. ---- Respondent
3-2-2023 Mr. Jitendra Gupta, counsel for the appellant.
Mr. Praveen Shrivastava, PL for the State.
Heard on I.A. No. 01/2022 which is an application filed
under Section 389 CrPC for suspension of sentence and
grant of bail to the appellant.
By the impugned judgment dated 29-9-2022 passed by
Additional Sessions Judge, 4th FTSC Special Judge, Durg
(CG) in Special Criminal Case (POCSO) No. 120 of 2021,
the appellant stands convicted under Sections 354 and 354-
A of IPC and 9, 9(m) and 10 of POCSO Act, 2012. and
sentenced to undergo RI for five years and fine of Rs.500/-,
in default of fine amount to undergo additional RI for one
month.
On the last date of hearing ie. 13-12-2022
victim/prosecutrix appeared before this court through video
conferencing and stated that she has no objection for
releasing the appellant on bail.
Learned counsel for the appellant would submit prima
facie no case for sexual assault is made out against the
appellant as in the evidence the victim has no where stated
that the present appellant had committed any sexual assault.
He would further submit that maximum sentence awarded to
the appellant is five years whereas he has remained in jail
more than months. He would further submit that the appeal
is of 2022 and hearing of the appeal will likely to take some
time for its disposal, therefore, the appellant may be released
on bail.
On the other hand, learned State counsel opposing the
bail application would submit that the appellant has rightly
been convicted by the trial court after appreciating the
evidence, particularly the evidence of the victim/prosecutrix.
I have heard learned counsel for the parties and
perused the entire record carefully.
Considering the fact that the appellant has already
undergone the jail sentence more than nine months out of
five years, also considering the fact that the appeal is of the
year 2022 and hearing of the appeal will likely to take some
time for its disposal, therefore, I am inclined to allow this
application. Accordingly, the application is allowed and 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 in sum of Rs. 25,000/- 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 27th
April 2023. 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. It is made clear that the date
given by the trial court for appearance of the accused
appellant should not have interval of more than 90 days
from the previous date.
It is directed that if the applicant is found in the similar
nature of offence in future, the bail granted to him shall be
liable to be rejected.
List this case for final hearing in due course.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju
