Mohit Deshmukh vs State Of Chhattisgarh
2021 Latest Caselaw 2832 Chatt

                                                                                  NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 1074 of 2021

   Mohit Deshmukh, S/o Kanhaiya Lal Deshmukh, aged about 22 Years, R/o Janjgiri,
     Police Station -Anda, District - Durg (C.G.)

                                                                             ----Appellant

                                          Versus

   State of Chhattisgarh, Through the Station House Officer, Police Station Anda,
     District - Durg (C.G.)

                                                                          ---- Respondent

22/10/2021 Mr. K.K. Dewangan, counsel for the appellant.

Ms. Deepti Shukla, P.L. for the State.

Heard on admission.

The appeal is admitted for hearing.

Also heard on I.A. No.01 of 2021, application for suspension

of sentence and grant of bail to the appellant.

By the impugned judgment dated 07.02.2020 passed by the

Additional Sessions Judge, Third Fast Track Special Court (POCSO

Act) Durg, District Durg, C.G., in Special Sessions Case

No.09/2018, the appellant stands convicted and sentenced as

under:

Conviction Sentence

Under Section 448 of the Indian Rigorous Imprisonment for one Penal Code year and fine of Rs.500/-, in default of payment of fine amount to undergo further additional imprisonment for five days

Under Section 354 of the Indian Rigorous Imprisonment for five Penal Code years and fine of Rs.1,000/-, in default of payment of fine amount to undergo further additional imprisonment for ten days

Under Section 8 of Protection of Rigorous Imprisonment for five Children from Sexual Offence Act, years and fine of Rs.1,000/-, in 2012 default of payment of fine amount to undergo further additional imprisonment for ten days

(All sentences were directed to run concurrently)

Learned counsel for the appellant submits that the trial Court

has not properly appreciated the overall evidence available on

record for holding the appellant guilty. He further submits that there

are major contradictions and omissions in the statements of the

prosecution witnesses. The disposal of the appeal is likely to take

some time. Therefore, the appellant be released on bail.

On the other hand, learned counsel for State opposes the bail

application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, the

deposition of the prosecutrix (PW-1) particularly para 17 thereof,

the detention period of the appellant i.e. 10.04.2018 to 11.05.2018,

he is in jail after passing of the impugned judgment since

07.02.2020 till now, his age i.e. 22 years, the statements of other witnesses and that disposal of the appeal is likely to take some time,

without expressing any opinion on the merits of the case, I am of the

opinion that present is a fit case to suspend the jail sentence

imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.01 of 2021) is allowed.

It is directed that the execution of 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 the sum of Rs.2,00,000/- with two

sureties of Rs.1,00,000/- each to the satisfaction of the trial Court.

He shall appear before the Registry of this Court on 16.12.2021 and

thereafter appear before the trial Court on a date to be given by the

Registry and thereafter continue to appear before the trial Court on

all such dates as are given to him by the said Court till disposal of

this appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh