Mangru Ram vs The State Of Chhattisgarh
2021 Latest Caselaw 2132 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                         Proceeding through Video Conferencing
                               Criminal Appeal No. 18 of 2015
      Mangru Ram S/o. Vifa Ram Pahadi Korva, aged about 42 years, R/o - Village -
       Devdand, Police Station - Bagicha, District - Jashpur, Civil & Revenue District -
       Jashpur (C.G.)
                                                                              ----- Appellant
                                         versus
      The State of Chhattisgarh, Through: S.H.O. Bagicha, District - Jashpur (C.G.)
                                                                     ----- Respondent/State

03/09/2021 Shri A.K. Prasad, Advocate for the Appellant.

Shri Arjit Tiwari, Panel Lawyer for the State.

I.A. No. 1 of 2020:

This is the 2nd bail application under Section 389 of Cr.P.C. for suspension

of sentence and grant of bail to the appellant.

The appellant has been convicted for the offence punishable under

Sections 376 (2) & 450 of IPC and Section 4 of the Protection of Children from

Sexual Offence Act, 2012 and sentenced to undergo R.I. for 14 years & to pay

fine of Rs.5,000/-, in default of payment of fine, R.I. for 6 months; to undergo R.I.

for 5 years & to pay fine of Rs.2,000/-, in default of payment of fine, R.I. for 3

months and to undergo R.I. for 10 years & to pay fine of Rs.5,000/-, in default of

payment of fine, R.I. for 6 months respectively vide judgment of conviction and

order of sentence dated 09.12.2014 passed by the Additional Sessions Judge

(FTC), Jashpur, District Jashpur (C.G.) in Sessions Trial No. 42/2014.

The first bail application was dismissed on 06.07.2018 on merits.

This repeat application has been preferred on the ground that out of 14

years sentence, the appellant has suffered 7 years.

Under Section 376 (2) of IPC the minimum sentence for the offence is

R.I. for 10 years.

Considering that the prosecutrix was less than 16 years of age on the

date of incident, we are not inclined to grant bail by taking different view in the

matter. Therefore, prayer for suspension of sentence and grant bail to the

appellant is dismissed. However, the appellant would be at liberty to move

application for early hearing of the appeal.

Accordingly, I.A. No. 1 of 2020 is dismissed.

                       Sd/-                                            Sd/-

             (Prashant Kumar Mishra)                           (Gautam Chourdiya)
              Acting Chief Justice                                   Judge




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