Kunkun @ Akhilesh Kumar Mahto vs The State Of Chhattisgarh
2022 Latest Caselaw 6684 Chatt

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                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                   CRA No. 1650 of 2022

    Kunkun @ Akhilesh Kumar Mahto S/o Daroga Chauhan, aged about 23 years, R/o
     Village Hanoda, near K.P.S. School, P.S. Outpost Padmanabhpur District- Durg (C.G.).

                                                                             ---- Appellant

                                           Versus

    The State of Chhattisgarh Through- the Station House Officer, Police Station- Durg
     Chowki Padmanabhpur, District- Durg (Chhattisgarh).

                                                                          ---- Respondent

09.11.2022 Mr. Avinash Chand Sahu, counsel for the appellant.

Mr. Abhyunnati Singh, P. L. for the State/respondent.

Notice issued by the State has already been served upon the victim. Therefore, the default as pointed out by the Registry is overruled. The victim has chosen not to appear before this Court.

Heard on application (I.A. No. 01) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 15.09.2022, passed by learned Additional Sessions Judge First FTC, Special Judge (POCSO Act), Durg, District- Durg (C.G.) in Crime No. 118/2018, Special Criminal Case No.- 115/2018, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 354 of Indian R.I. for 2 years and fine Penal Code of Rs. 200/- in default

of payment of fine amount to further undergo 1 month S. I.

2. Under Section 8 of POCSO R.I. for 3 years and fine Act, 2012 of Rs. 200/- in default of payment of fine amount to further undergo 1 month S. I.

All sentences were ordered to run concurrently.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He would further submit that the appellant has been convicted without considering the statement of the victim and as such in absence of evidence against the appellant he has been convicted. Learned counsel for the appellant would submit that the appeal being of the 2022 the disposal of the appeal is likely to take some time, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant.

I have heard learned counsel for the parties.

Considering the facts and circumstances of the case, nature & gravity of allegations against appellant and particularly considering the fact that short sentence has been awarded to the appellant and the appeal being of the 2022, disposal of the appeal may take some time, without expressing anything on merit of the case I am inclined to allow the appellant to release on bail.

Accordingly, application (IA No.1) for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the

Registry of this Court on 5th of January, 2023. He shall thereafter appear before Registry of this Court on a date to be given by the Registry of this Court and shall continue to appear on all such subsequent dates as are given to him by the Registry of this Court till the disposal of this appeal.

Call for the record of the Court below.

List this appeal for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

amita