Chattisgarh High Court
Ishwar Dhrue vs State Of Chhattisgarh on 21 July, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1996 of 2019
Manoj Wadekar S/o Suresh Wadekar Aged About 35 Years R/o Village Devarikhurd,
Police Station Torwa, District Bilaspur Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Torwa, District Bilaspur Chhattisgarh.
---- Respondent
CRA No. 84 of 2020
Pheku @ Nageshwar Rajak S/o Umend Rajak Aged About 26 Years R/o Village Devridih
Police Station - Torwa, District Bilaspur Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through S. H. O. Police Station Torwa, District - Bilaspur
Chhattisgarh.
---- Respondent
CRA No. 460 of 2021
Charan Singh Chouhan S/o Narayan Singh Aged About 30 Years Resident Of Village
Devridih, Police Station Torwa, District Bilaspur Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Torwa District
Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Respondent
CRA No. 1125 of 2021
Ishwar Dhruv S/o Shri Jethu Dhruv, Aged About 31 Years R/o Village Devridih, Devri
Mohalla, Ps Torwa, District Bilaspur Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through District Magistrate District Bilaspur Chhattisgarh.
---- Respondent
Division Bench :-
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sanjay S. Agrawal
21.07.2022 Shri Vikas Kumar Pandey, Shri Gary Mukhopadhyay, Ms. Vijay Laxmi
Shroff and Ms. S. Durga Sarni, counsel for the respective appellant.
Shri Sudeep Verma, Dy.GA for the State.
Earlier, application for suspension of sentence and grant of bail filed in
Criminal Appeal Nos.1996/2019, 84/2020 and 460/2021 by the respective
appellant, have already been rejected.
Heard on application (I.A.No.2 of 2021) for suspension of sentence and
grant of bail filed in Criminal Appeal No.1125 of 2021 (Ishwar Dhruv vs. State of
Chhattisgarh).
By the impugned judgment of conviction and order of sentence dated
13-12-2019 passed by the Special Judge (POCSO Act, 2012) Bilaspur, (CG) in
Special Criminal Case (POCSO Act) No.37 of 2017, the appellant (Ishwar Dhruv)
has been convicted and sentenced as under:-
Conviction Sentence
Under Section 376(D) of the R. I. For 30 years and fine of Rs.50,000/- and in
IPC default of payment of fine, he has to undergo
additional R.I. for six months
Learned counsel for the appellant submits that the appellant has been
falsely implicated in this case and he is not involved in the crime in question.
Learned counsel for the appellant submits that there is no conclusive piece of
evidence available on record regarding the age of victim to connect the appellant
with the commission of offence. Learned counsel for the appellant lastly submits
that the appellant is in jail since 21-02-2017, therefore, he prayed that the
appellant may be released on bail.
On the other hand, learned State counsel opposed the bail application on
the submission that there is sufficient medical evidence available on record
against the appellant to involve him in the commission of offence. It is also
submitted that looking to the age of the prosecutrix and other evidence available
on record, the 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 submission of learned counsel for the parties
and the facts and circumstances of the case, particularly the ocular medical
evidence available on record and further taking into consideration the age of the
victim to be 13 years, we are not inclined to grant bail to the appellant.
Accordingly, the application (I.A.No.2 of 2021) is rejected.
SD/- SD/-
(Sanjay K. Agrawal) (Sanjay S. Agrawal)
Judge Judge
Tumane
