Chattisgarh High Court
Nitesh Shriwas & Another vs State Of Chhattisgarh on 15 December, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1299 of 2022
1. Nitesh Shriwas & Another S/o Geetaram Shriwas Aged About 18 Years 07
Months, R/o Village Binauyaka, Police Chowki Maro, Police Station
Nandghat, District : Bemetara, Chhattisgarh
2. Rajeshwar Shriwas S/o Jagmohan Shriwas Aged About 30 Years R/o Village
- Bilkhurri, Ward No. 03, Police Station Pathariya, District : Mungeli,
Chhattisgarh
---- Appellants
Versus
• State Of Chhattisgarh Through - Police Station Shrivrinarayan, District :
Janjgir-Champa, Chhattisgarh
---- Respondent
Division Bench :
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Rakesh Mohan Pandey
15/12/2022 Mr. Praveen Dhurandhar, Counsel for the appellant.
Mr. Afroz Khan, P.L. for the State.
Heard on I.A. No.1/2022, application for suspension of sentence and grant of
bail.
By the impugned judgment of conviction and order of sentence dated
08.07.2022 passed by the Learned Special Judge, Janjgir, District - Janjgir -
Champa, C.G. in Special Session Case No.60/2021 appellants have been convicted
as under :-
Conviction Sentence
(against both appellants) (against both appellants)
Under Section 363 of IPC (for appellant R.I. for 03 years and fine of Rs.500/-, in
No.1) default of fine amount further R.I. for 10
days.
Under Section 366 of IPC (for appellant R.I. for 05 years and fine of Rs.1,000/-, in
No.1) default of fine amount further R.I. for 20
days.
Under Section 06 of POCSO Act (for R.I. for 20 years and fine of Rs.20,000/-,
appellant No.1) in default of fine amount further R.I. for
100 days.
Under Section 363 of IPC (for appellant R.I. for 03 years and fine of Rs.500/-, in
No.2) default of fine amount further R.I. for 10
days.
Under Section 366-A of IPC (for appellant R.I. for 05 years and fine of Rs.1,000/-, in
No.2) default of fine amount further R.I. for 20
days.
Mr. B. P. Singh, learned counsel for the appellants, submits that
there is no evidence against the present appellants. He also submits that
they have falsely been implicated in crime in question and they have
been convicted by recording a finding which is perverse to the record.
The appellant No.1 is in jail since 25.08.2021 and appellant No.2 is in jail since
08.07.2022, therefore, the application for suspension of sentence and grant of bail
may be allowed and they may be released on bail.
Ms. Ruchi Nagar, learned State counsel, opposes the submission
made by learned counsel for the appellants and submits that the trial
Court has rightly convicted the appellants and, as such, application for
suspension of sentence and grant of bail deserves to be dismissed.
Pursuant to the statement of the victim (PW-2) and the FSL Report (Ex.P/23) in
which, on articles (A-1) B & C i.e. slide and underwear of the victim, and underwear
of the appellant, respectively, stains and human sperm were found, we do not
consider it a fit case to grant bail to appellant No.1, Nitesh Shriwas. Accordingly,
application for suspension of sentence and grant of bail filed on behalf of appellant
No.1 is rejected.
Taking into consideration the fact and circumstances of the case
nature and gravity of offence and also considering the fact that the appellant No.2 -
Rajeshwar Shriwas has not been convicted under the provisions of POCSO Act,
and he has committed offence punishable under Section 363 and 366-A of IPC, he
is on bail during the trial period and he did not misuse the liberty granted to him,and
further considering the fact that maximum sentence awarded to him is 5 years, he is
in jail since 08.07.2022 and the disposal of this appeal is likely to take time, we are
inclined to grant bail to appellant No.2, Rajeshwar Shriwas.
Accordingly, application for suspension of sentence and grant of
bail filed on behalf of appellant No.2, Rajeshwar Shriwas, is allowed.
The substantive jail sentence awarded to appellant No.2, Rajeshwar Shriwas, is
suspended during the pendency of this appeal and he is
directed to be released 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 the
Registry of this Court on 13th of February, 2023. 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.
However, observation made herein above is only confined to disposal of bail
application and shall not be construed as opinion on merits of the matter.
In view of the above, I.A. No.1/2022 stands disposed off.
Certified copy as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rakesh Mohan Pandey)
Judge Judge
Yasmin
