Parvati Poyam vs State Of Chhattisgarh
2022 Latest Caselaw 7085 Chatt

                                         1

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               CRA No. 818 of 2021

Parvati Poyam W/o Jilai Poyam Aged About 35 Years R/o Village-Kilepal,
Police Station- Kodemar, District-Bastar, Chhattisgarh, At Present R/o
Patelpara, Sukma, Chhattisgarh, District : Sukuma, Chhattisgarh

                                                                  ---- Appellant

                                    Versus

 State Of Chhattisgarh Through Station House Officer, Police Station,
 Tumgaon, District : Mahasamund, Chhattisgarh

                                                                ---- Respondent

DB Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Rakesh Mohan Pandey

24.11.2022 Mr. Jitendra Kumar Saxena, counsel for the appellant.

Mr. Animesh Tiwari, Dy. A.G. for the State.

Heard on I.A. No. 1, application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 19.02.2021, in Special Criminal Case No.9/2019, passed by the learned Special Judge (Protection of Children from Sexual Offences Act, 2012), Mahasamund, District- Mahasamund (C.G.) in the following manner :-

Conviction Sentence U/s. 363/34 of Indian Penal R.I. for 3 years and fine Code. amount of Rs.1000/-, in default of payment of fine amount, further R.I. for 1 month.

U/s. 366/34 of Indian Penal R.I. for 5 years and fine

Code. amount of Rs.1000/-, in default of payment of fine amount, further R.I. for 2 months.

Mr. Jitendra Kumar Saxena, learned counsel for the appellant submits that the main allegation against the appellant is that she has taken the victim from Mahasamund to Bacheli and thereby the offence of kidnapping was found proved by the trial Court. She is in jail since 29.4.2019. As she has completed jail sentence of more than 3 years and 6 months, the sentence awarded to her is only imprisonment of 5 years and final disposal of the appeal is likely to take time, therefore, application may be allowed and the appellant may be enlarged on bail.

Per contra, Mr. Animesh Tiwari, Dy. A.G. for the State, opposes the prayer made by learned counsel for the appellant.

After hearing learned counsel for the parties and after taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, the role of the present appellant and further, considering the fact that the appellant has already undergone a period of 3 years and 6 months out of her total jail sentence and the disposal of the appeal is likely to take some time, we deem it appropriate to release the appellant on bail on her furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

Accordingly, I.A. No. 1 is allowed.

Certified copy as per rules.

                       Sd/-                          Sd/-

         (Sanjay K. Agrawal)              (Rakesh Mohan Pandey)
                Judge                               Judge
Nimmi