Omprakash vs State Of Chhattisgarh
2022 Latest Caselaw 4941 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRA No. 1517 of 2017
     1. Omprakash S/o Shri Ghasiram Nishad Aged About 19 Years R/o Village
        Jhara Police Station Khallari District Mahasamund Chhattisgarh.
     2. Ajay Vasnik S/o Shri Ganesh Vasnik Aged About 24 Years R/o Ward No. 07
        Nayapara Police Station And District Mahasamund Chhattisgarh.
                                                                       ---- Appellants
                                      Versus

      State Of Chhattisgarh Through The Station House Officer Police Station
       Khallari District Mahasamund Chhattisgarh.
                                                                     ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Honb'le Shri Justice Sanjay S. Agrawal

02/08/2022 Shri Aman Kesharwani, counsel for the appellants.

Shri Soumya Rai, Panel Lawyer for the State/respondent. Heard on I.A. No.2/2022, which is the second bail application filed under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the appellants.

By impugned judgment of conviction and order of sentence dated 10/08/2017, passed by the Additional Sessions Judge(FTC), Special Court(constituted under Protection of Children from Sexual Offences Act), Mahasamund(CG) in Special Criminal Case No.H- 23/2016, the accused/appellant No.1 stands convicted under Sections 363/34, 366-A/34, 302 of the IPC and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 500/-, R.I. for 10 years and to pay fine of Rs. 500/-, imprisonment for life and to pay fine of Rs. 2000/- and imprisonment for life and to pay fine of Rs. 2000/-, with default stipulations. The accused/appellant No.2 stands convicted under Sections 363/34, 366-A/34 of the IPC and under Section 18 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 500/-, R.I. for 10 years and to pay fine of Rs. 500/- and R.I. for 7 years and to pay fine of Rs.500/-, with default stipulations. All the sentences were directed to run concurrently.

First bail application of the appellants was rejected on merits vide order dated 11.01.2018.

After considering the submissions made by learned counsel for the parties as also going through the record, we do not find any new ground to entertain this second application for suspension of sentence and grant of bail to the appellants.

The application(I.A.No.2/2022) is accordingly rejected.

                        Sd/-                               Sd/-
               (Sanjay K. Agrawal)                (Sanjay S. Agrawal)
                    JUDGE                               JUDGE




sunita