Akash Kumar Thakur vs The State Of Chhattisgarh
2022 Latest Caselaw 5358 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                CRA No. 971 of 2022

 • Akash Kumar Thakur S/o Satyendra Thakur Aged About 22 Years R/o Zone-3,
   Quarter No. 4-C, Street No. 10, Sector 11, Police Station Khursipar, District Durg
   (C.G.).

                                                                          ---- Appellant

                                         Versus

 • The State of Chhattisgarh Through The Station House Officer, Police Station
   Khursipar, District Durg (C.G.).

                                                                       ---- Respondent

23/08/2022 Mr. Punit Ruparel, counsel for the appellant.

Mr. Amit Singh Chouhan, P.L. for the State.

Pursuant to the order dated 26.07.2022, the prosecutrix along with her father appeared today before this Court and on being asked her father made an objection regarding the grant of bail to the appellant.

Her presence be marked.

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

The appellant has been convicted and sentenced by the impugned judgment dated 30.05.2022 passed by learned Additional Sessions Judge/ First Fast Track Court, Special Judge (POCSO Act), Durg District - Durg (C.G.) in Special Session Case (POCSO) No. 10/2018 as under:-

S.No. Conviction Sentence

1. U/s 363 of IPC R.I. for 3 years and fine of Rs. 200/-, in default of payment of fine amount, further S.I. for one month.

2. U/s 354 of IPC R.I. for 2 years and fine amount of Rs.

200/-, in default of payment of fine amount, further S.I. for one month.

3. U/s 506 of IPC S.I. for one year and fine amount of Rs.

100/-, in default of payment of fine amount, further S.I. for one month.

4. U/s 10 of POCSO Act R.I. for 5 years and fine amount of Rs.

being an offence of 200/-, in default of payment of fine 9(m) of POCSO act amount, further S.I. for one month.

All the sentences will run concurrently.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case and there is no material evidence against the appellant. He further submits that the appellant is in jail since 30.05.2022 after passing the conviction order against him. Earlier he served the jail sentence from 26.02.2018 to 20.12.2018, during the trial he has been released on the bail by this Court in MCRC No. 9260/2018 vide order dated 14.12.2018. He served a total jail sentence of 10 months till the filing of the appeal. He also submits that he has not misused the bail granted by this Court, even he has not violated any condition imposed by this Court and disposal of this appeal will likely to take some time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case, the application is allowed and it is directed that the substantive jail sentence imposed upon the appellant shall remain suspended and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 30th September, 2022. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

List this case for final hearing in its due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge H.L. Sahu