Ganpat Patel vs State Of Chhattisgarh
2022 Latest Caselaw 2153 Chatt

                                                                            NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 975 of 2021
  • Ganpat Patel S/o Shri Chamraram, aged about 23 years, R/o Kodabodi,
    Nedgaon, Police Station Manpur, District Rajnandgaon (C.G.)
                                                                     ---- Appellant
                                         Versus
  • State of Chhattisgarh Through : Station House Officer, Police Station Manpur,
    District Rajnandgaon (C.G.)
                                                                    --- Respondent

05/04/2022 Mr. R.S. Marhas, counsel for the Appellant.

Mr. Arijit Tiwari, P.L. for the State.

Heard on I.A. No.01/2021, for suspension of sentence and grant of bail to the Appellant.

By the impugned judgment dated 27.07.2021 passed by the Additional Sessions Judge, F.T.C. (POCSO), Rajnandgaon, in Criminal (POCSO) Case No.81/2019, the accused/appellant stands convicted under Section 450 of IPC, Section 4 (1) of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and sentenced to undergo R.I. for 10 years with fine of Rs.5,000/- and imprisonment for life with fine of Rs.5,000/- respectively, plus default stipulations.

Learned counsel for the appellant submits that the learned trial Court, considering the provision of Section 29 of POCSO Act, convicted the Appellant under Section 4 (1) of POCSO Act, but, in the present case, the prosecution of the Appellant was not for any of the offences punishable under Sections 3, 5, 7 or 9. He further submits that as regards penetrative offence, medical report (Ex.P/13) of the prosecutrix (PW/2) and FSL report (Ex.P/33) do not support the case of the prosecution, therefore, the substantive jail sentence imposed upon the appellant may be suspended till final disposal of the appeal.

On the other hand, learned State counsel opposes the bail application.

Heard learned counsel for the parties and perused the material on record.

Considering the provision of Section 29 of POCSO Act and further considering the Medico Legal Certificate (MLC) (Ex.P/13) of the Prosecutrix, we are inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A. No.01/2021 is allowed.

The substantive jail sentence awarded to appellant shall remain suspended during the pendency of this appeal and the appellant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 05.05.2022. 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 other subsequent dates as may be given to him by the trial Court, interval being not less than 6 months, during the pendency of this appeal.

Certified copy as per rules.

                 Sd/-                               Sd/-
         (Sanjay K. Agrawal)                   (Rajani Dubey)
                Judge                                Judge
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