Prem Nirmalkar vs State Of Chhattisgarh
2022 Latest Caselaw 2777 Chatt

                                       1




             HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet

                             CRA No. 568 of 2022

 Prem Nirmalkar S/o Gopi Lal Nirmalkar Aged About 20 Years R/o Panchsheel
  Nagar, In Front of Devdas Kirana Store, Durg, Police Station Durg, District
  Durg Chhattisgarh.                                          ---- Appellant

                                   Versus

 State of Chhattisgarh Through Police Station Durg, District Durg Chhattisgarh.

                                                                 ---- Respondent

27.04.2022 Shri Anmol Sharma, counsel for the appellant.

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

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 18.08.2021 passed in Special Sessions Case (POCSO) No. 104/2018 by the Additional Sessions Judge, Fourth FTC, Durg, District- Durg (C.G.) as under:-

                             Conviction                        Sentence
                   Under Section 363 of IPC           R.I. for 3 years with fine
                                                      of Rs. 1,000/-, in default
                                                      in     payment   of   fine
                                                      amount additional S.I. for
                                                      1 month.





      Under Section 366 of IPC            R.I. for 3 years with fine
                                          of Rs. 1,000/-, in default
                                          in   payment     of    fine
                                          amount additional S.I. for
                                          1 month.
      Under Section 376 of IPC            R.I. for 10 years with fine
                                          of Rs. 1,000/-, in default
                                          in   payment     of    fine
                                          amount additional S.I. for
                                          1 month.

Considering the facts & circumstances of the case, the mother and father of the prosecutrix appeared through video conferencing mode with the aid of DLSA, Durg before this Court submits that they have solemnized marriage of the prosecutrix with some other person, they have no objection to release of the appellant on bail, looking to the statement of the mother of the prosecutrix (PW/3) in para-5, looking to the fact that prosecutrix having love affair with the present appellant, entire evidence available on record, I am inclined to allow the application (I.A. No.01/2022).

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.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 29.06.2022 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.

              Certified                                   Sd/-

                                                   (Gautam Chourdiya)
                                                           Judge




Nadim