Kundan Sinha vs State Of Chhattisgarh
2022 Latest Caselaw 3150 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                     CRA No. 815 of 2021

 Kundan Sinha S/o Kanhaiya Lal Sinha, Aged About 30 Years, R/o Daundi, Police
 Station- Daundi, District- Balod, Chhattisgarh.

                                                                                Appellant

                                            Versus

 State of Chhattisgarh: through Station House Officer, Police of Police Station - Daundi,
 District Balod, C.G.

                                                                            Responde nt



29.04.2022         Mr. T.K. Jha, counsel for the appellant.


                   Ms. Madhunisha Singh, Dy. A.G. for the State / respondent.

Mr. P. Chetan Kumar, counsel for the objector.

Heard on I.A. No.1/2021, application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 31.07.2021

passed by the learned Additional Sessions Judge, F.T.S.C. and Special

Judge,(Protection of Children from Sexual Offences Act), Balod, District

Balod, C.G. in POCSO Case No.60/2018, the appellant has been convicted

for the offence under Section 5(m)/6 of the Protection of Children from Sexual

Offences Act, 2012 and sentence to undergo R.I. for 20 years and pay fine of

Rs. 10,000/-, in default to further undergo 06 months imprisonment. Learned counsel for the appellant submits that the aforesaid offence is

said to have been committed from 06.03.2012 to 02.03.2018; the FIR has

been lodged on 08.05.2018 and the victim / prosecutrix became major on

07.01.2016. He further submits that there is an inordinate delay in lodging the

FIR which has not been explained and the learned Additional Sessions Judge

has convicted the appellant by recording a finding which is perverse to the

record. He also submits that the appellant was admitted to privilege of

anticipatory bail by order of this Court dated 02.07.2018 passed in MCrC(A)

No.648/2018. The appellant has not misused the privilege given by the Court

and he is in custody since 31.07.2021. Therefore, conviction is not

sustainable in law and suspension of sentence may be allowed and appellant

may be released on bail.

Learned State counsel and learned counsel for the objector oppose the

submission made by learned counsel for the appellant and submit that the

appellant is not entitled to be enlarged on bail.

We have heard learned counsel for the parties and considered their

rival submission and also perused the records with utmost circumspection.

Taking into consideration the submission of learned counsel for the

parties and perusing the documents available on record there is inordinate

delay in lodging the FIR as the offence is said to have been committed from

06.03.2012 to 02.03.2018; victim / prosecutrix became major on 07.01.2016

and the FIR was lodged on 08.05.2018 and further considering the materials

available on record we are inclined to grant bail to the appellant. Accordingly,

I.A. No.1/2021 is allowed.

The substantive jail sentence awarded to the appellant is suspended

during the pendency of this appeal and he is directed be released on bail on

his furnishing a personal bond in the sum of Rs.50,000/- along with one

surety in the like sum to the satisfaction of the concerned trial Court for his

appearance before the Registry of this Court on 25 th July, 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 such subsequent dates

as are given to him by the said Court, till the disposal of this appeal.

Certified copy as per rules.

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




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