Pintu Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 3627 Chatt

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                                                                             NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 498 of 2022

1.    Pintu Yadav S/o Manoj Yadav, Aged About 24 Years, R/o Behind Ali
      Garadge Thagda Naher Padmanabhpur, District Durg (C.G.).
                                                               ----Appellant
                                                                     (in Jail)
                                        Versus
2.    State Of Chhattisgarh, Through Station House Officer, City Kotwali Durg,
      Police Station, District Durg (C.G.).
                                                             ---- Respondent

13/05/2022 Mr. Anurag Jha, Counsel for the appellant.

Ms. Binu Sharma, P.L. for the State/respondent.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 22/02/2022 passed by Additional Sessions Judge, 3rd Fast Track Special Court (POCSO Act), Durg, District Raigarh (C.G.) in Special Sessions Case (POCSO Act) No. 103/2018, the appellant has been convicted under Section 376 of Indian Penal Code and 5B/6 of POCSO Act and keeping in view the provision of Section 42 of the POCSO Act he has been sentenced as under :-

Conviction Sentence Under Sections 5B/6 of R.I. for 10 years and fine of Rs. 500/-, in the POCSO Act default of payment of fine additional R.I.

for 1 month.

Prosecutrix appearing in person submits that she has performed married with the appellant on 20/05/2021 and is carrying pregnancy of about 5 months. She has no objection to release of the appellant on bail.

The prosecutrix has been duly identified by her Counsel. Copy of Aadhar Card of the prosecutrix as well as the medical documents relating to her pregnancy have been taken on record.

Considering the facts and circumstances of the case, the fact that the appellant and the prosecutrix have been performed marriage, there is no one to take care of the prosecutrix who is carrying pregnancy of about 5 months at present, she has raised no objection to release of the appellant on bail, considering the age of the appellant i.e. 24 years, the fact that he was on bail during trail and did not misuse the liberty so granted to him, the disposal of the appeal is likely to take some time, without expressing anything on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01/2022) 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. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 29th July, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant