Fattelal Dhiwar vs State Of Chhattisgarh
2022 Latest Caselaw 7622 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                            CRA No. 1361 of 2015

• Fattelal Dhiwar S/o Malikram Dhiwar Aged About 20 Years R/o Village Odan, P.S.
  Palari, Civil And Rev. Distt. Balodabazar Bhatapara, Chhattisgarh.

                                                                      ---- Appellant

                                     Versus

• State Of Chhattisgarh Through P.S. Palari, Distt. Balodabazar Bhatapara,
  Chhattisgarh.

                                                                   ---- Respondent

16.12.2022 Ms. Pushpa Dwivedi, counsel for the appellant.

Mr. Neeraj Pradhan, Panel Lawyer for the State/respondent.

Heard on IA No.05/2022, application for suspension of sentence and grant of bail to the appellant.

This is the third bail application filed on behalf of the appellant. First bail application of the appellant was dismissed on merit vide order dated 12.01.2016 and subsequent bail application was withdrawn on 19.3.2018.

By this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 14.10.2015 passed by Second Additional Sessions Judge Baloda Bazar (CG) in Special Session Trial No.34/2015, whereby he has been convicted under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and considering the provisions of Section 42 of the POCSO Act, he has been sentenced for offence under Section 4 of the POCSO Act in the following manner:-

  Sl.     Conviction    Jail Sentence     Fine          Default
 No.     under Section                   Sentence      stipulation

 01.     4 of POCSO RI for 10 years Rs.5,000/-         RI for 01 year
         Act

Learned counsel for the appellant would submit that the appellant is languishing in jail since 29.6.2015, thus, he has completed about 7 ½ years of his jail sentence and the appeal is not likely to be heard finally in near future. She would further submit that considering the period of jail sentence completed by the appellant, his further period of jail sentence may be suspended till disposal of this appeal.

Per contra, learned counsel for the State opposed the above submissions. However, he has not denied the fact that the appellant has completed nearly 7 ½ years of his jail sentence.

Victim/prosecutrix appeared before this Court through Video Conferencing from District Legal Services Authority, Baloda Bazar. She raised her strong objection in respect of application filed by the appellant under Section 389 CRPC for suspension of sentence and grant of bail to him.

I have heard learned counsel fro the parties and perused the impugned judgment.

Having considered the evidence available on record, particularly considering the period of jail sentence completed by the appellant and also considering that the appeal is not likely to be heard finally in near future, I feel inclined to suspend remaining jail sentence of the appellant.

Accordingly, IA No.05/2022 is allowed.

It is directed that execution of substantive jail sentence imposed on the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The appellant shall appear before the Registry of this Court on 08.02.2023 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the appeal.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi)

Judge

Bini