Pawan Kumar Banjare vs State Of Chhattisgarh
2021 Latest Caselaw 1894 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                               CRA No. 68 of 2021

• Pawan Kumar Banjare, S/o Dheerpal Banjare, Aged about 40 years, R/o
  Podi Salhepara, Police Station- Kota, District- Bilaspur (C.G.).

                                                                    ---- Appellant

                                    Versus

• State of Chhattisgarh, Through- Police Station Kota, District- Bilaspur (C.G.).

                                                                  ---- Respondent

23.08.2021 Mr. Rajeev Kumar Dubey, counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent. Heard on I.A. No. 01/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 11.01.2021 passed in Special Sessions Case No. 41/2016 by the First F.T.C. (POCSO)/ Additional Sessions Judge, Bilaspur (C.G.) the appellant stands convicted as mentioned below:

                   Conviction              Sentence           In Default

              u/S 363 of IPC        RI for 03 years and In     default       of
                                    fine     amount   of payment     of    fine
                                    Rs.200/-.            amount     additional
                                                         RI for 04 months.

              u/S 366-A of IPC      RI for 05 years and In     default       of
                                    fine     amount   of payment     of    fine
                       Rs.300/-.             amount     additional
                                            RI for 06 months.

u/S    04   of    the RI for 10 years and In       default      of
POCSO Act             fine   amount      of payment     of    fine
                      Rs.500/-.             amount     additional
                                            RI for 01 year.

Learned counsel for the appellant submits that the appellant has been wrongly convicted by the trial Court in the judgment without there being any sufficient evidence available on record. He submits that from the perusal of statement of the prosecutrix (PW-01), it appears that she was the consenting party. With regard to age of the prosecutrix, it is further argued by learned counsel for the appellant that there is no conclusive evidence on the basis of which it can be established that at the time of alleged incident the prosecutrix was below 18 years of age. He further submits that the appellant is in jail since 22.12.2020 and during trial he was on bail and not misused the liberty granted to him and appeal is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed the bail application and supported the impugned judgment.

Heard both the parties.

Perused the statements of the witnesses and other materials available on record. After going through the statements of the prosecutrix (PW-01) and other witnesses and further considering the fact that the appellant is in jail since 22.12.2020. Without further commenting on other merits of the case, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

On execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 16.12.2021. 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.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant