Chattisgarh High Court
Pritam Singh Kanwar vs State Of Chhattisgarh on 25 July, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 241 of 2020
Pritam Singh Kanwar S/o Late Navdha Singh Kavar, Aged About 22 Years R/o
Nimdih, Police Station Urga, District - Korba Chhattisgarh., District : Korba,
Chhattisgarh. ---- Appellant
Versus
State Of Chhattisgarh Through Officer In Charge, Police Station - Darima,
District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
---- Respondent
CRA No. 598 of 2020
Pardeshi @ Raju Yadav S/o Late Chamra Ram Rawat Aged About 35 Years
R/o Ajgar Bahar, Police Station Balco, District Korba Chhattisgarh, District :
Korba, Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh Through Police Station Darima, District Surguja
Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
---- Respondent
25.07.2022 Mr. Pritam Tiwari and Mr. Nasimuddin Ansari, counsel for the
respective appellants.
Ms. Shivali Dubey, P.L. for the State/respondent.
Heard on I.A. Nos. 01 & 02 of 2020, applications for suspension
of sentence and grant of bail.
The appellants have been convicted and sentenced by the
judgment of conviction and order of sentence dated 06.01.2020 passed
in Special Criminal (POCSO Act) No. 41/2017 by the Additional
Sessions Judge, FTSC Ambikapur, District- Surguja (C.G.) as under:-
Name of the Convictions Sentences
appellants
Pritam Singh Kanwar U/s. 363 of IPC R.I. for 4 years, fine of
Rs. 500, default in
payment of fine
amount, additional R.I.
1 month.
U/s. 366 of IPC R.I. for 5 years, fine of
Rs. 500, default in
payment of fine
amount, additional R.I.
1 month.
U/s. 376 (2)(n) of IPC R.I. for 10 years, fine of
Rs. 500, default in
payment of fine
amount, additional R.I.
1 month.
Pardeshi @ Raju U/s. 366 of IPC R.I. for 5 years, fine of
Yadav Rs. 500, default in
payment of fine
amount, additional R.I.
1 month.
U/s. 06/17 of POCSO R.I. for 10 years, fine of
Act Rs. 500, default in
payment of fine
amount, additional R.I.
1 month.
Learned counsel for the appellants submit that there is no reliable
evidence against the present appellants to involve them in this case,
essential ingredient of the offence for convicting the appellants are
missing, the appellant Pritam Singh Kanwar has already served more
than half of the sentence i.e. 5 years R.I. for offence U/s. 376(2)(n) of
IPC and the main allegation is against the appellant Pritam Singh
Kanwar and only allegation against appellant Pardeshi @ Raju is that
the prosecutrix was kept in the house of him by appellant Pritam Singh,
the appellants Pritam Singh Kanwar & Pardeshi @ Raju Yadav have
already served more than 5 years and 3 years of the jail sentence
respectively, therefore, the appellants may be released on bail.
On the other hand, learned counsel for the State opposes bail
application.
On 01.07.2022, prosecutrix with her mother appeared before this
Court through VC from DLSA, Sarguja (C.G.) and both have raised
objection to release of the appellants on bail.
Considering the facts & circumstances of the case, the detention
period of the appellants, who are 22 & 35 years old, the statement of
the prosecutrix (PW/3), the final disposal of these appeals are likely to
take some time, without commenting anything on merits of the case, the
applications (I.A. No. 01 & 02 of 2020) are allowed.
It is directed that the execution of substantive jail sentence
imposed upon the appellants shall remain suspended during the
pendency of these appeals and they shall be released on bail on their
furnishing a personal bond in the sum of Rs.10,000/- with one surety to
the satisfaction of the trial Court.
They shall appear before the Registry of this Court on 29.09.2022
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 them by the said Court till disposal of this
appeal.
List these cases for final hearing.C
Sd/-
(Sachin Singh Rajput)
Judge
Nadim
