Mukesh Nirmalkar vs State Of Chhattisgarh
2022 Latest Caselaw 3919 Chatt

                                                                                   NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 179 of 2022

1. Chhabilal Janghel, S/o Aju Ram Janghel, aged about 26 Years, R/o Village Katori,

   Present Police Station Singhanpuri Jangal, District Kabirdham, Chhattisgarh.


2. Itwari Janghel, S/o Munjim Janghel, aged about 32 Years, R/o Ward No. 6, Tulsi,

   Tilda Nevra, Police Station Tilda Nevra, District Raipur, Chhattisgarh.


3. Sunit Kumar Patel, S/o Siyaram Patel, aged about 20 Years, R/o Village

   Pawantara, Police Station Singhanpuri Jangal, District Kabirdham, Chhattisgarh.


                                                                             ----Appellants
                                      Versus

 State of Chhattisgarh, Through Station House Officer, Police Station Kawardha,

  District Kabirdham, Chhattisgarh.


                                                                       ---- Respondent

CRA No. 182 of 2022

 Mukesh Nirmalkar, S/o Bharat Nirmalkar, aged about 33 Years, R/o Village-

Bamhani, Out Post- Bazar Charbhatha, Police Station - Kawardha, District-

Kabirdham (C.G.)

----Appellant Versus

 State of Chhattisgarh, Through- Station House Officer, Police Station- Kawardha,

District- Kabirdham (C.G.)

---- Respondent 21/06/2022 Shri Dharmesh Shrivastava, Advocates for the appellants.

Shri Raghvendra Pradhan, G.A. for the State.

Shri Tarun Dansena, Advocate for the Objector.

Heard on I.A. No.01 of 2022, applications for suspension of

sentence and grant of bail to the appellants.

By the impugned judgment dated 19.01.2022 passed by the Special

Judge, Protection of Children from Sexual Offences Act, 2012, Fast Track

Court, Kabirdham, C.G. in Special Sessions Case No.71/2019, the

appellants stand convicted and sentenced as under:-

Conviction Sentence

Under Section 368 of Indian Rigorous Imprisonment for seven Penal Code years and fine of Rs.500/-, in default of payment of fine amount to undergo further rigorous imprisonment for one month Under Section 17 of Protection of Rigorous Imprisonment for ten Children from Sexual Offences years and fine of Rs.1,000/-, in Act, 2012 default of payment of fine amount to undergo further rigorous imprisonment for one month Under Section 21 of Protection of Rigorous Imprisonment for six Children from Sexual Offences months and fine of Rs.100/-, in Act, 2012 default of payment of fine amount to undergo further rigorous imprisonment for one month (All sentences were directed to run concurrently) Considering the facts and circumstances of the case, the nature of

allegation against the appellants Chhabilal Janghel, Itwari Janghel and

Mukesh Nirmalkar that they only provided a rented house to the main

accused- Ashwin Sahu where he allegedly committed rape with the

prosecutrix, the detention period of appellants namely -Chhabilal Janghel,

Itwari Janghel and Mukesh Nirmalkar, their age i.e. 26, 32 and 33 years

respectively, no objection raised by counsel appearing on behalf of the

victim, the fact that the appellants were on bail during trial and did not

misuse the liberty granted to them and that disposal of these appeals is

likely to take some time, without expressing any opinion on the merits of

the case, I am of the opinion that present is a fit case to suspend the jail

sentence imposed upon the appellants- Chhabilal Janghel, Itwari Janghel

and Mukesh Nirmalkar and to release them on bail. Accordingly, the

applications (I.A. No.01 of 2022) insofar as it relates to appellants-

Chhabilal Janghel, Itwari Janghel and Mukesh Nirmalkar are allowed.

However, looking to the nature of allegation against the appellant-

Sunit Kumar Patel that he actively assisted the main accused Ashwin

Sahu in kidnapping the prosecutrix and also obstructed her escape from

the confinement, this Court is not inclined to release this appellant on bail.

Accordingly, application (I.A. No.01/2022) in respect of appellant- Sunit

Kumar Patel is rejected.

In the result, application (I.A. No.01/2022) in respect of appellant

Sunit Kumar Patel is rejected whereas applications (I.A. No.01/2022) in

respect of appellants- Chhabilal Janghel, Itwari Janghel and Mukesh Nirmalkar are allowed on the following terms and conditions:-

It is directed that the execution of substantive jail sentence imposed

upon the appellants- Chhabilal Janghel, Itwari Janghel and Mukesh

Nirmalkar shall remain suspended during the pendency of these appeals

and they shall be released on bail on each of them furnishing a personal

bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each

to the satisfaction of the trial Court. They shall appear before the Registry

of this Court on 05.09.2022 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 these appeals.

List these cases for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh