Vimal Sonwani vs State Of Chhattisgarh
2022 Latest Caselaw 1068 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                            CRA No. 823 of 2021

 Vimal Sonwani, S/o Devanand Sonwani, Aged About 24 Years, R/o Bajrang
  Para, Near Karma Bhawan, Kohka, Bhilai Police Station Supela, District Durg,
  Chhattisgarh.                                              ---- Appellant

                                     Versus

 State of Chhattisgarh, Through- Station House Officer, Police Station Supela,
  District- Durg, Chhattisgarh.                                     ---- Respondent

25.02.2022 Shri Praveen K. Dhurandhar, counsel for the appellant.

Shri Chitendra Singh, Panel Lawyer for the State. None for the complainant though served.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 09.07.2021 passed in Special Session Case (POCSO) No. 267/2019 by the Additional Sessions Judge, Fourth F.T.C., Durg (C.G.) as under:-

                                  Conviction                     Sentences
                        Under Section            8 of     R.I. for 5 years with fine
                        POCSO        Act       (offence   of Rs. 5,000/-
                        committed      upon        the
                        Prosecutrix PW/1)





           Under     Section      8    of   R.I. for 5 years with fine
           POCSO       Act       (offence   of Rs. 5,000/-
           committed      upon        the
           Prosecutrix PW/3)

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him, fine amount imposed upon the appellant has already deposited by him, disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

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

Considering the facts & circumstances of the case, the maximum sentence awarded to the appellant is 5 years, he was on bail during trial and did not misuse the liberty granted to him, he has already deposited the fine amount imposed upon him, looking to the detention period of the appellant, who is 24 years old, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application ( I.A. No. 01/2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 22.06.2022 and

thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course.Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim