Pawan Kumar Kunjam vs State Of Chhattisgarh
2022 Latest Caselaw 2156 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                   CRA No. 348 of 2020

     Pawan Kumar Kunjam S/o Shri Bisouha Ram, Aged About 28 Years R/o
      Dhorrithema, Police Station Doundi, District Balod Chhattisgarh
                                                                        ---- Petitioner
                                         Versus

     State Of Chhattisgarh Through The Station House Officer, Police Station Tadoki,
      District Uttar Bastar Kanker Chhattisgarh,
                                                                       ---- Respondent

5.4.2022 Mr. R.R. Soni, Counsel for the appellant.

Ms. Sudha Shrivastava, Panel Lawyer for the State.

The prosecutrix appears in person before this Court.

Heard on IA No.1, an application for suspension of sentence and grant of bail to the appellant.

This appeal arises out of the judgment of conviction and order of sentence dated 22.1.2020 passed by the Special Judge, (POSCO Act, 2012), Bhanupratappur, District Uttar Bastar, Kanker (CG) in Special Criminal Case (POSCO) Act No.9/2019, whereby, the appellant has been convicted and sentenced as under :

          Conviction                             Sentence
                                                 Sentences have been directed to
                                                 run concurrently

Under Section 4 of the Protection of RI for 10 years and pay fine of Children from Sexual Offences Act, Rs.10,000/-, in default of payment of 2012 fine, RI for 1 year Under Section 376 of the IPC No separate punishment has been imposed in light of the provisions given in Section 42 of the Protection of Children from Sexual Offences Act, 2012

Under Section 450 of the IPC RI for 3 years and pay fine of Rs.100/-, in default of payment of fine, RI for 1 month

Learned counsel for the appellant submits that the appellant has a prima facie good case in his favour and he hopes to succeed on merits. The appellant is in jail since 25.1.2019, therefore, he prays for suspending the jail sentence imposed against the appellant and release him on bail.

On the other hand, learned counsel for the State opposes the bail application. Learned counsel submits that during the occurrence of the incident, the prosecutrix has strongly resisted the appellant and for which, she refers to para 35 of the cross-examination.

The prosecutrix, who is present before this Court, does not oppose the bail application.

Having heard the submissions of the parties and also considering the facts and circumstances of the case, I am not inclined to suspend the jail sentence imposed against the appellant and release him on bail.

The application is dismissed.

List the matter for final hearing in due course.

Sd/-

( Deepak Kumar Tiwari) Judge

Shyna