Karamsevak Kujur vs State Of Chhattisgarh
2022 Latest Caselaw 167 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                              CRA No. 348 of 2021

 Karamsevak Kujur, S/o Shirish Kujur, Aged About 23 Years, R/o- Village
  Jamvantpur, Thana          Ramanujganj,      District-    Balrampur      Ramanujganj,
  Chhattisgarh.                                                         ---- Appellant

                                      Versus

 State of Chhattisgarh, Through-    Police Station Ramanujganj, District-
  Balrampur Ramanujganj, Chhattisgarh.                  ---- Respondent

10.01.2022 Shri A.K. Yadav, counsel for the appellant.

Shri Shreshtha Gupta, P.L. for the State.

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 11.02.2021 passed in Special Sessions Case (POCSO) No. 21/2017 by the Additional Sessions Judge/ Special Judge (POCSO/FTC), Ramanujganj, District- Balrampur (C.G.) in the following manner:-

                                Conviction                        Sentences
                          Under Section 363 of IPC         R.I. for 5 years with fine
                                                           amount of Rs. 5,000/-
                                                           and default in payment of
                                                           fine amount addition R.I.
                                                           for 3 months.





           Under Section 366 of IPC       R.I. for 5 years with fine
                                          amount of Rs. 5,000/-
                                          and default in payment of
                                          fine amount addition R.I.
                                          for 3 months.
           Under    Section    6    of    R.I. for 10 years with fine
           POCSO Act.                     amount of Rs. 10,000/-
                                          and default in payment of
                                          fine amount addition R.I.
                                          for 6 months.

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, statement of the father of the prosecutrix (PW/2) no specific date of birth of the prosecutrix was stated, prosecutrix was admitted in school and her date of birth was recorded on the basis of probability and 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 statement of the father of the prosecutrix (PW/2), he stated that he did not remember the exact date of birth of the prosecutrix, on school record her date of birth was registered on the basis of assumption, statement of the prosecutrix (PW/1), the appellant was on bail during trial and he did not misuse the liberty granted to him, age of the appellant who is 23 years, final disposal of this appeal is likely to take some time, without commenting anything on merits of

the case, the application 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 02.05.2022 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