Afroj Minz vs State Of Chhattisgarh
2022 Latest Caselaw 6512 Chatt

                                                                           Page 1 of 2

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 495 of 2022

Afroj Minz, S/o Sudhan Minz, Aged About 26 Years, R/o Village- Kendudih Thuthipal,
Police Station- Kenjirkela, District- Sundargarh (Orissa).
                                                                        ---- Appellant
                                        Versus
State of Chhattisgarh, Through Police Station- Tumla, District- Jashpur (C.G.)
                                                                      ---Respondent

01.11.2022 Mr. Ashish Beck, counsel for the appellant.

Mr. Himanshu Kumar Sharma, Panel Lawyer for the State/respondent.

Heard on application for suspension of sentence and grant of bail. By the impugned judgment dated 21.12.2021 passed by the learned Special Judge, Kunkuri, District- Jashpur (C.G.) in Special Session Trial No. 24/2020, the appellant stands convicted, as under:-

                    Conviction                               Sentence
              U/s 10 of POCSO Act      : R.I. for 5 years and fine of Rs. 2000/- in
                                         default of fine additional S.I. for 1 year.

Learned counsel for the appellant would submit that there is contradiction and omission in statement of the prosecutrix and other witnesses and benefit has not been given to the appellant, hence, it is prayed that the application be allowed and the appellant may kindly be released on bail.

Learned State counsel opposes the bail application and submitted that the learned trial Court after appreciating the evidence and material placed on record and also looking to the gravity of offence committed by the appellant, has passed the impugned order, which does not warrant any

interference by this Court, therefore, this appellant is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the documents placed on record.

From perusal of impugned order, it is quite vivid that after appreciating the evidence and material placed on record, the impugned order has been passed. The victim has categorically stated about conduct of the appellant and the circumstances in which, the offence has been committed, which remained unshaken in the cross-examination and even she has denied suggestion made in the cross-examination. Learned trial Court relying upon the statement of the victim, which remained unshaken, has convicted the appellant, therefore, at this juncture, I am not inclined to suspend the sentence awarded to the appellant and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is rejected. However, the appellant is at liberty to file afresh application for suspension of sentence and grant of bail after three months.

List this appeal for final hearing in the month of March, 2023.

Sd/-

(Narendra Kumar Vyas) Judge

Arun