Amir Khan vs State Of Chattisgarh
2021 Latest Caselaw 3596 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                                CRA No. 906 of 2019

• Amir Khan, S/o Abbas Khan, Aged about 24 years, R/o Village- Ram nagar, Power
  House, Ward No. 30, Police Station- Kotwali, District- Rajnandgaon (C.G.).

                                                                             ---- Appellant

                                       Versus

• State of Chattisgarh, through- Police Station- Kotwali, District- Rajnandgaon,
  (C.G.).

                                                                         ---- Respondent

09.12.2021 Mr. K.P.S. Gandhi, counsel for the Appellant.

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

It is a repeat bail application of the appellant and his first bail application (I.A. No. 01/2019) was dismissed as withdrawn vide order dated 15.07.2019 with liberty to file afresh after one year.

By the impugned judgment dated 17.05.2019 passed in Special Criminal Case No. 16/2018 (under the POCSO Act) by Additional Sessions Judge (F.T.C.), Rajnandgaon (C.G.) the appellant stands convicted as mentioned below:

                      Conviction             Sentence                In Default

              u/S 377 of IPC (first RI for 10 years and In             default      of
              time)                    fine amount of Rs. payment           of    fine
                                       1,000/-.                amount additional SI
                                                  for 06 months.

u/S    377    of         IPC RI for 10 years and In    default     of
(second time)                fine amount of Rs. payment     of    fine
                             1,000/-.            amount additional SI
                                                 for 06 months.

u/S 6 of the POCSO RI for 10 years and In              default     of
Act,   2012        (it    is fine amount of Rs. payment     of    fine
explained in Section 1,000/-.                    amount additional SI
                                                 for 06 months.
5 छ)

u/S 6 of the POCSO RI for 10 years and In              default     of
Act,   2012        (it    is fine amount of Rs. payment     of    fine
explained in Section 1,000/-.                    amount additional SI
                                                 for 06 months.
5 ठ)

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 and clinching evidence available on record. He further submits that medical report of the victim boy does not support the case of the prosecution and statements of the victim boy is suspicious. There are material contradictions and omissions occured in his statement. Learned counsel for the appellant further submits that on perusal of the statements of parents of the victim boy, it also appears that first time when they came into knowledge about the incident, at that time, the victim boy was doing musturbation, thereafter alleged story has been developed. He further submits that co-accused of this case namely Rahul Rai (Actual name Sunny Shekhar Rai in CRA No. 917 of 2019) has already been granted bail by this Court vide order dated 15.07.2019. He lastly submits that the appellant is in jail since 24.04.2018 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.

Heard both the parties.

Perused the statements of the victim boy and his parents Kanti Rao Bhatt (PW-01), Shankar Rao Bhatt (PW-02) and Dr. Y.K. Tiwari (PW-07) and other materials available on record. After perusal of the statements, particularly taking into the fact that no injury was found on the anus of victim boy and further considering the fact that co-accused of the case has already been granted bail and further considering the fact that the appellant is in jail since 24.04.2018, 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 21.03.2022. 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 along with CRA No. 917 of 2019.

Sd/-

(Arvind Singh Chandel) Judge

Vasant