Chattisgarh High Court
Pradeep Kumar Yadav vs State Of Chhattisgarh on 8 February, 2023
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 195 of 2023
1. Pradeep Kumar Yadav, S/o Ashok Kumar Yadav, Aged About 23 Years.
2. Raka Vastrakar @ Narayan Vastrakar, S/o Laxmi Prasad Vastrakar, Aged About
25 Years.
Both R/o Village - Baldipara, Chorbhatti Kala, Police Station- Sakri, District-
Bilaspur (C.G.)
---- Appellants
Versus
State of Chhattisgarh, Through Officer-in-Charge, Police Station - Sakri, District-
Bilaspur (C.G.)
---Respondent
08.02.2023 Mr. Devesh G. Kela, counsel for the appellants.
Mr. Himanshu Kumar Sharma, Panel Lawyer for the
State/respondent.
Heard on application for suspension of sentence and grant of bail to
the appellants.
By the impugned judgment dated 09.01.2023 passed by the learned
Additional Sessions Judge, Second Fast Track Special Court, Bilaspur,
District- Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No.
30/2022, the appellants stand convicted, as under:-
Conviction Sentence
U/s 354 A(i), 294, 506, : Convicted under Section 7/8 of POCSO Act
34 of IPC and Sections for 3 years R.I. and fine of Rs. 2,000/- and in
7/8 of POCSO Act. default of payment of fine, further R.I. for 6
months.
Learned counsel for the appellants would submit that the appellants
are innocent and have been falsely implicated in the case. He would further
submit that appellant No. 1 has suffered 2 months & 7 days and appellant
No. 2 has suffered 2 months & 9 days of jail sentence and there is no
likelihood of the appeal coming up for final hearing in the near future,
hence, it is prayed that the application be allowed and the appellants may
be released on bail.
Learned State counsel opposes the bail application and submitted
that there is clinching evidence against the appellants regarding
commission of offence, therefore, the appellants are not entitled for grant of
bail.
In pursuance of this Court's order dated 23.01.2023, victim's father
and mother are present before this Court and they have made statement
that they have objection in releasing the appellants on bail as they are still
continuing in their illegal activity.
Considering the fact that the appellant No. 1 has suffered 2 months &
7 days and appellant No. 2 has suffered 2 months & 9 days of jail sentence
out of total jail sentence i.e. 3 years awarded to them and also considering
the fact that the appeal being of the year 2023, final hearing of the same
will likely to take time, I am inclined to suspend the sentence of the
appellants and release them on bail.
Accordingly, application for suspension of sentence and grant of bail
is allowed and it is directed that execution of further substantive jail
sentence of the appellants shall remain suspended and they shall be
released on bail on their executing a personal bond in sum of Rs. 25,000/-
each with one surety each in the like sum to the satisfaction of trial Court
for their appearance before the Registry of this Court on 28th February,
2023. They 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 them 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 appellant should not have interval of more than 90 days.
The victim/victim's parents are at liberty to file complaint before
concerned Police Station, if the appellants teased or involved in illegal
activity against the victim and if any complaint is made against the
appellants, the In-charge Police Station shall take personal interest in the
matter and will send report to the Registry of this Court including the action
taken by the Police.
List this appeal for final hearing in its chronological order.
A copy of this order be sent to the concerned Superintendent of
Police for onward compliance. Any disobedience of Court's order, this
Court will take serious view.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
