Chattisgarh High Court
Narsingh Nishad vs State Of Chhattisgarh on 11 January, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No. 472 of 2021
Narsingh Nishad versus State of Chhattisgarh
Alongwith
Criminal Appeal No. 1495 of 2021
Nikesh Kumar @ Balku Kol, Son of Ashok Kumar Kol, aged about 20 years, R/o.
Village Chakarbhatha Camp, Ward No.11, P.S. Chakarbhatha, District Bilaspur (C.G.)
----- Appellant s
versus
State of Chhattisgarh Through : Police Station Chakarbhatha, District Bilaspur (C.G.)
----- Respondent
11/01/2022 Shri Pratik Tiwari, Advocate appears on behalf of the appellant in Cr.A.
No. 472/2021.
Ms. Sareena Khan, Advocate appears on behalf of the appellant in Cr.A.
No. 1495/2021.
Dr.(Ms.) Veena Nair, Deputy Advocate General for the State.
Cr.A. No. 1495/2021:
I.A. No. 01 of 2021,application for condonation of delay in filing the
appeal.
For the reasons mentioned in the application, the same is allowed and the
delay in filing the appeal is condoned.
Heard on admission.
Admit.
Also heard on I.A. No. 03 of 2021, application under Section 389 of
Cr.P.C. for suspension of sentence and grant of bail to appellant - Nikesh Kumar
@ Balku Kol.
By the impugned judgment dated 05.02.2021 passed by the Special
Judge (POCSO Act, 2012), District Bilaspur (C.G.) in Special Criminal Case
(POCSO Act) No. 499/2016, the appellant stands convicted and sentenced as
under:
Conviction Sentences
Under Section 354/34 of IPC R.I. for five years and fine of
Rs.1,000/-, in default of payment
of fine to further undergo R.I. for
three months
Under Section 323/34 of IPC R.I. for one year and fine of
Rs.1,000/-, in default of payment
of fine to further undergo R.I. for
one month
Under Section 7/8 of POCSO Act R.I. for five years and fine of
Rs.1,000/-, in default of payment
of fine to further undergo R.I. for
three months
Under Section 9 (N)/10 of R.I. for five years and fine of
POCSO Act Rs.1,000/-, in default of payment
of fine to further undergo R.I. for
three months
All the sentences to run concurrently
Considering the material available on record, particularly considering the
statements of the prosecutrix (PW-1) and Ravi Rai (PW-4) i.e. father of the
prosecutrix, that co-accused namely Narsingh Nishad has already been released
on bail by coordinate bench of this Court vide order dated 21.06.2021 passed in
Cr.A. No. 472/2021 and disposal of this appeal is likely to take some time,
without further commenting on merit, I am of the opinion that present is a fit case
to suspend the jail sentence imposed upon the appellant and to release him on
bail.
Accordingly, the application (I.A. No. 03 of 2021) is allowed.
It is directed that the execution of substantive jail sentence imposed upon
appellant Nikesh Kumar @ Balku Kol 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.50,000/- with two sureties of Rs.25,000/- each to
the satisfaction of the trial Court. He shall appear before the Registry of this
Court on 07th March, 2022 and thereafter shall appear before the trial Court on a
date to be given by the Registry and shall continue to appear there on all such
dates as are given to him by the said Court till disposal of this appeal.
Certified copy as per rules.
List these appeals (Cr.A. No. 472/2021 & Cr.A. No. 1495/2021) for final
hearing in due course.
Sd/-
(Gautam Chourdiya)
Judge
vatti
