Pawan Kumar Patel vs State Of Chhattisgarh
2022 Latest Caselaw 4457 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRA No. 1060 of 2022


    Pawan Kumar Patel, S/o Mishrilal, Aged About 35 Years, R/o Uslapur Station
     Road, Near Maharishi School, Behind R. K. Furniture, Mangla, P.S. Civil
     Line, District Bilaspur (C.G.).                            ---- Appellant
                                       Versus
    State of Chhattisgarh, Through- Station House Officer, Police Station Civil
     Line District Bilaspur (C.G.).                          ---- Respondent

13.07.2022 Shri C.P. Lahre, counsel for the appellant.

Shri Praveen Shrivastava, P.L. for the State.

Heard on I.A. No. 1/2022, application under Section 389 of CrPC 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 17.06.2022 passed in Special Sessions Case No.90/2021 by the First FTC (POCSO Act)/Additional Sessions Judge, Bilaspur, District- Bilaspur C.G.) as under:-

Conviction Sentence Under Section 452 of IPC R.I. for 1 year with fine of Rs. 300/-

and default in payment of fine amount additional R.I. for 3 months.

Under Section 354 of IPC R.I. for 3 years with fine of Rs. 500/-

and default in payment of fine amount additional R.I. for 6 months.

Under Section 8 of POCSO Act R.I. for 3 years with fine of Rs. 500/-

and default in payment of fine amount additional 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, the appellant was on bail during trial and he did not misuse the liberty granted to him 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.

The Prosecutrix alongwith her parents appeared before this Court and they raised objection to release of the appellant on bail.

Considering the facts & circumstances of the case, the nature allegation made against the appellant, the statement of the prosecutrix (PW/2), the age of the prosecutrix/victim below 18 years old at the time of incident, the fact that the prosecutrix & her parents appeared before this Court and they also raised objection to release of the appellant on bail, looking to the overt act of appellant, I am not inclined to allow the application (I.A. No.1/2022), accordingly, the same is rejected.

Sd/-

(Sachin Singh Rajput) Judge

Nadim