Subrat Sarkar vs The State Of Chhattisgarh
2022 Latest Caselaw 4591 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                            ORDER SHEET
                                        CRA No. 260 of 2020
 Subrat Sarkar S/o Shashan Sarkar Aged About 23 Years R/o P.V. No. 65 Sangam, Thana
  Pakhanjore, District Uttar Bastar Kanker Chhattisgarh.                 ----Appellant
                                                  Versus
 The State Of Chhattisgarh Through Police Station Pakhanjore, District Uttar Baster
  Kanker.                                                          ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sanjay S. Agrawal

19.07.2022 Shri Parag Kotecha, counsel for the Appellant.

Shri Arijit Tiwari, Panel Lawyer for the State/Respondent.

Heard on I.A No.01/2020, an application for suspension of sentence and

grant of bail.

By the impugned judgment and order of sentence dated 31.12.2019 passed by the Special Judge (Prevention of Children from Sexual Offence Act 2012) Bhanupratappur, District U.B. Kanker (CG), in Special Criminal Case (POCSO) No12/2019, the appellant has been convicted and sentenced as under:-

                        Conviction                            Sentence

                 U/s 366 of I.P.C.          R.I. for 3 years and fine of Rs.100/-, in

default to undergo additional R.I. for 1 month.

U/s 376 (A, B) of I.P.C. R.I. for life (till natural death) and fine of Rs.50,000/-, in default to undergo additional R.I. for 6 month U/s 506 Part 2 of I.P.C. R.I. for 6 month

U/s 323 of I.P.C. R.I. for 6 month

All the sentences will run concurrently.

Learned Counsel for the Appellant submits that the Appellant has been falsely implicated in the matter and he is not involved in the crime in question. He submits further that the Appellant is in jail since 07.02.2019, and therefore, he may be released on bail.

On the other hand, learned state counsel opposes the bail application on the submission that taking into consideration particularly the statement of prosecutrix/victim-Bani Roy (PW-3), Statement of Dr. Sonali Vaishnav (PW-22), who examined the victim and further taking into consideration the F.S.L. Report (Ex.P-48), the present appellant is not entitled to be released on bail.

We have heard learned counsel for the parties and perused the entire record carefully.

Taking into consideration the material available on record and particularly taking into consideration the age of the victim to be 9 years and her statement and considering the statement of Dr. Sonali Vaishnav (PW-22), who examined the victim and further taking into consideration the F.S.L. Report (Ex.P-48), we are not inclined to release the Appellant on bail.

Accordingly, I.A No.01/2020 is rejected.

                      Sd/-                                             Sd/-

               (Sanjay K. Agrawal)                               (Sanjay S. Agrawal)
                   JUDGE                                               JUDGE



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