Arun Kumar Jangde vs The State Of Chhattisgarh
2022 Latest Caselaw 3629 Chatt

                                                 1

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                              Criminal Appeal No. 1282 of 2021

     Arun Kumar Jangde, son of Shri Labhuram Jangde, aged about 21 years, resident of
      Village Janjagiri, Police Station Aanda, District Durg, Chhattisgarh

                                                                                      ----- Appellant   s




                                       versus
     The State of Chhattisgarh, Through- Station House Officer, Police Station Aanda,
      District Durg, Chhattisgarh
                                                                                   ----- Respondent

13/05/2022 Shri Avinash Chand Sahu, Advocate for the appellant.

Smt. Usha Chandrakar, Panel Lawyer for the State.

Shri Purnendra Khichariya, Advocate for the prosecutrix/victim.

Heard on admission.

The appeal is admitted for hearing.

Call for the records of the trial Court.

Also heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C.

for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 07.09.2021 passed by the First Fast Track

Special Judge (POCSO Act), Additional Sessions Judge, District Durg (C.G.) in

Sessions Trial No. 209/2019, the appellant stands convicted and sentenced as

under:

Conviction Sentences Under Section 363 of IPC R.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo S.I. for two months Under Section 366 of IPC R.I. for three years and fine of Rs.500/-, in default of payment of fine to further undergo S.I. for two months

Under Section 6 of POCSO Act R.I. for ten years and fine of Rs.500/-, in default of payment of fine to further undergo S.I. for two months All the sentences to run concurrently

Prosecutrix is present before this Court alongwith her counsel Shri Purnendra

Khichariya and she was duly identified by her counsel. The prosecutrix stated that

she has performed marriage with the present appellant on 11.06.2020 before

Upper Collector & Marriage Officer, Durg, District Durg. Prosecutrix further states

that she has no objection to grant of bail to the appellant by this Court.

Considering the material available on record, in particular the fact that the

prosecutrix stated before this Court that she has performed marriage with the

applicant, the copy marriage certificate, marriage invitation card and birth cirtificate

filed by the prosecutrix in the present appeal alongwith no objection application in

granting bail to the appellant which is duly supported by her affidavit, at present

both appellant and prosecutrix are major, the appellant was on bail during trial and

did not misuse the liberty so granted and disposal of this appeal is likely to take

some time, without further commenting on merit, 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 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

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. He shall

appear before the Registry of this Court on 18th July, 2022 and thereafter shall

appear before the trial Court on a date to be given by the Registry and shall

continue to appear there on all such dates as are given to him by the said Court till

disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti