Akbar Nagrachi vs State Of Chhattisgarh
2024 Latest Caselaw 71 Chatt

Chattisgarh High Court

Akbar Nagrachi vs State Of Chhattisgarh on 20 June, 2024

                                                                         CRA No. 28/2024




                     HIGH COURT OF CHHATTISGARH AT BILASPUR

                                         Order Sheet

                                       CRA No. 28 of 2024

  • Akbar Nagrachi S/o Late Johar Lal Aged About 37 Years R/o Village- Chamenda, Tahsil /
    Thana- Nagri, District : Dhamtari, Chhattisgarh

                                                                                    ---- Appellant

                                            Versus

  • State Of Chhattisgarh Through Thana- Nagri, District : Dhamtari, Chhattisgarh
                                                                            ----Respondent

20/06/2024 Heard Mr. Samir Singh, learned counsel for appellant. Also heard

Ms. Sunita Singh, learned Panel Lawyer appearing for Respondent-

State, on the instant application for suspension of sentence and grant

of bail i.e. I.A. No. 1 of 2024.

By the impugned Judgment of conviction and order of sentence

dated 10.11.2023, learned Additional Session Judge, FTSC

(POCSO), District Dhamtari (C.G.) in special criminal case POCSO

No. 33/2023, has convicted and sentenced the Appellant as under:-

Conviction u/S Sentence

323 of Indian Penal Code R.I. for 6 months with ine of Rs.

500/- in default of which additional R.I. for one month.

354 of Indian Penal Code R.I. for 3 years and ine amount of Rs. 1000, in default of ine amount further R.I. for three months.

10 of the POCSO Act R.I. for 5 years and ine amount of Rs. 2000, in default of ine amount further R.I. for six months.

Learned Counsel for Convict/Appellants has argued that the

maximum sentence which has been awarded to the appellant is of ive

years. He submits that there are so many contradictions, omission and

additions in the statement of the prosecution witnesses. He is in jail

since 03.04.2023. The appeal is likely to take sometime for its inal

disposal, therefore he may be released on bail.

On the other hand, learned State Counsel opposes the bail

application.

Taking into account that the conviction of the appellant was

based on the circumstantial evidence and there is no cogent

evidence against the appellant and looking to the period of detention,

without further commenting on merits, I am of the opinion that present

is a it case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the

Appellant by the learned Trial Court is hereby suspended. The

Appellant shall be released on bail on his executing a bail bond of

Rs.10,000/- with one surety in the like amount to the satisfaction of the

concerned Trial Court for his appearance before the Registry of this

Court on 02.09.2024. Thereafter, he shall appear before the

concerned 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, interval being not less than 6

months, till inal disposal of this appeal.

Consequently, IA No.1 of 2024 stands allowed.

List this matter for inal hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti