Kuber Narayan Nirmalkar vs State Of Chhattisgarh
2022 Latest Caselaw 4816 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 913 of 2021


   Kuber Narayan Nirmalkar, S/o Late Hiralal Nirmalkar Age About Years, R/o
    Village Ekta Chouk, Dalsivnee, Police Station - Pandaree, District - Raipur
    Chhattisgarh.                                             ---- Appellant
                                      Versus
   State of Chhattisgarh Through - Police Station Pandaree, Civil And Revenue
    District Raipur Chhattisgarh.                             ---- Respondent

27.07.2022 Mr. Brijesh Singh, counsel for the appellant.

Ms. Shivali Dubey, P.L. for the State.

Heard on I.A. No. 03/2022, application 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 12.03.2021 passed in Special

Criminal Case No. 197/2018 by the Additional Sessions Judge, First Fast

Track Special Court, Raipur, District- Raipur (C.G.) as under:-

Convictions Sentences U/s. 354 D of IPC R.I. for 1 year with fine of Rs. 500,

default in payment of fine amount

additional sentence - 15 days R.I.

U/s. 506 of IPC R.I. for 1 year with fine of Rs. 500,

default in payment of fine amount additional sentence - 15 days R.I.

U/s. 8 of POCSO Act R.I. for 3 years with fine of Rs.

1,000/-, default in payment of fine

amount additional sentence - 1

month R.I.

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. He further

submits that the appellant was on bail during trial and he did not misuse the

liberty. The maximum sentence awarded to him is 3 years RI and he has

already served more than half of the sentence, he is in jail since 12.03.2021

and disposal of this appeal is likely to take some time, therefore, the

appellant may be released on bail.

On the other hand, learned counsel for the State opposes bail

application.

The mother of the prosecutrix has been duly served with the notice

but neither the prosecutrix is present in person nor is there any

representation on her behalf.

Considering the facts & circumstances of the case, the maximum

sentence has been imposed upon the appellant is 3 years RI, he has

already served more then half of the sentence, he was on bail during trial

and he did not misuse the liberty granted to him and final disposal of this

appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.3/2022) is allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellant 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.5,000/- with one surety to the satisfaction

of the trial Court. He 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 him by the said Court till disposal

of this appeal.

List the case for final hearing.

Sd/-

(Sachin Singh Rajput) Judge

Nadim