Chattisgarh High Court
Kamil Minj vs State Of Chhattisgarh on 12 August, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 989 of 2022
Kamil Minj S/o Jogi Minj Aged About 60 Years R/o Village - Taragarh, Ranikhar, P.S.
And Tahsil - Lailunga District Raigarh. ---- Appellant
Versus
State Of Chhattisgarh Through Police Station - Lailunga, District - Raigarh
Chhattisgarh. --- Respondent
12.08.2022 Mr. Ashutosh Mishra, counsel for appellant.
Mr. Amit Verma, PL for the State/respondent.
Heard on IA No. 01/2022 application for suspension of sentence
and grant of bail.
By the impugned judgment and order of sentence dated
30.04.2022 passed by the Additional Sessions Judge Gharghonda,
District Raigarh, CG in Special Criminal Case (POCSO Act) No. 12/2020
appellant has been convicted for the ofence punishable under
Sections 451 and 354 of IPC and Section 8 of POCSO Act, 2012 and
sentenced to undergo Rigorous Imprisonment for 1 year and fne
amount of Rs. 500/-, sentenced to undergo Rigorous Imprisonment for
1 year and fne amount of Rs. 500/-, and sentenced to undergo
Rigorous Imprisonment for 3 years and fne amount of Rs. 500/
respectively plus default stipulation.
Case of the prosecution story in brief is that the prosecutrix aged
about 15 years was studying in Baikunthpur, on 16.05.2020 the
prosecutrix came to her village whereby she was kept in quarantine
center due to Covid-19 pandemic. That on 18.05.2020 at about 11:30
pm the appellant knocked the door of the prosecutrix and with
intention to outrage her modesty tried to pull her hand.
Learned counsel for the appellant submits that the maximum
sentence has been awarded to the appellant of three years, during the
course of trial he was on bail and he did not misuse the liberty, the
appeal is likely to take some time to be heard fnally, therefore, he
may be entitled for suspension of sentence and grant of bail during the
pendency of the appeal.
On the other hand, learned State counsel submits that fnding
recorded by the trial Court based on the proper appreciation of
evidence and his involvement is proved, therefore, the application may
be rejected.
Today i.e. 12.08.2022 prosecutrix along with her mother are
present before this court in camera proceedings and they have raised
serious objection for bail being granted to the applicant. Their
statement is taken on record.
Considering the facts and circumstances of the case, looking to
the maximum sentence has been awarded to the appellant of three
years, during the course of trial he was on bail and he did not misuse
the liberty, the appeal is likely to take some time, I am inclined to
allow the application for suspension of sentence and grant of bail.
Accordingly, IA No. 1 is allowed.
The substantive jail sentence awarded to the appellant is
suspended during the pendency of this appeal and he is directed to
release on bail on his furnishing a personal bond in the sum of Rs.
25,000/- along with one surety in the like sum to the satisfaction of the
concerned trial Court for his appearance before this Court on
12.10.2022. 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 is given to his by the said Court,
till the disposal of this appeal.
List this case for fnal hearing.
Sd/-
(Sachin Singh Rajput)
Judge
Pawan
