Munishwar Mishra vs State Of Chhattisgarh
2022 Latest Caselaw 6688 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 88 of 2018

• Munishwar Mishra S/o Late Shri Shital Prasad Mishra Aged About 58 Years
  Occupation Government Job, R/o Dharampura No. 2, Jagdalpur, District Bastar
  Chhattisgarh

                                                                         ---- Petitioner

                                      Versus

• State Of Chhattisgarh Through The Aarakshi Kendra Kotwali, Jagdalpur District
  Bastar Chhattisgarh

                                                                      ---- Respondent

09.11.2022 Shri Rajat Agrawal, counsel for the appellant.

Shri Sanjay Pathak, Panel Lawyer for the State/respondent.

Father of victim/prosecutrix is present in person before this Court.

Heard on IA No.02/2022, application for suspension of sentence and grant of bail to the appellant.

By this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 29.12.2017 passed by Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Bastar at Jagdalpur in Special Case No.04/2017, whereby he has been convicted under Section 376 IPC and Section 6 of the POCSO Act. But considering the provisions of Section 71 IPC and Section 42 of the POCSO Act, he has been sentenced in the following manner:-

              Sl.     Conviction    Jail Sentence       Fine          Default
              No.     under Section                     Sentence      stipulation

              01.     6 of POCSO RI for 10 years RS.1000/-            RI   for      six
                      Act, 2012                                       months

Learned counsel for the appellant would submit that the appellant is in jail since his arrest i.e. from 18.02.2017, thus he has served more than half of the jail sentence awarded to him. He would further submit that the appellant is having a good case in this appeal, hence, his jail sentence may be suspended till disposal of this appeal.

Father of the victim/prosecutrix has raised his strong objection with regard to bail application (IA No.02/2022) filed on behalf of the appellant.

Learned counsel for the State has also extended his support in respect of the objection raised by father of the victim/prosecutrx with regard to grant of bail to the appellant.

I have heard learned counsel for the parties and perused the impugned judgment.

Taking into consideration the facts and circumstances of the case and also considering the sentence and his detention period, without further commenting on the merits of the case, I feel inclined to suspend the sentence and release the appellant on bail.

Accordingly, IA No.02/2022 is allowed.

It is directed that execution of substantive jail sentence imposed on the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond of Rs.50,000/-with one surety in the like sum to the satisfaction of the trial Court. The appellant shall appear before the Registry of this Court on 19.01.2023 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the appeal.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Bini Judge