Shrikant Kamalsen vs State Of Chhattisgarh
2022 Latest Caselaw 7128 Chatt

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                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                     CRA No. 1342 of 2021
Shrikant Kamalsen, S/o Gangaram Kamalsen, Aged About 21 Years (At present 22 years),
R/o Dabrapara, Madanpur, Police Station- Ratanpur, District- Bilaspur (C.G.)
                                                                               ---- Appellant
                                        Versus
State of Chhattisgarh, Through Station House Officer, Police Station- Ratanpur, District-
Bilaspur (C.G.)
                                                                             ---Respondent

28.11.2022 Mr. Dharmesh Shrivastava, 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 to the appellant.

By the impugned judgment dated 20.10.2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court, Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 44/2020, the appellant stands convicted, as under:-

Conviction Sentence U/s 354 of IPC : R.I. for 3 years and fine of Rs. 1000/- in default of payment of fine further for 6 months.

U/s 506 of IPC : R.I. for 1 year and fine of Rs. 500/- in default of payment of fine further for 3 months.

U/s 7/8 of POCSO : R.I. for 3 years and fine of Rs. 1000/- in default of payment of fine further for 6 months.

(All the sentences to run concurrently) Learned counsel for the appellant would submit that the appellant has been falsely implicated by the victim in some property dispute. He would further submit that the appellant was on bail during trial and did not misuse the liberty granted to him and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that

there is clinching evidence against the appellant regarding commission of offence, therefore, the appellant is not entitled for grant of bail.

The victim is present before this Court and she has made statement that she has objection in releasing the appellant on bail. She has stated that the appellant has again misbehaved with her.

Considering the fact that the maximum jail sentence awarded to the appellant is R.I. for three years and also considering the fact that the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, application 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 19th December, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said court till the disposal of this appeal.

It is made clear that the date given by the trial Court for appearance of the appellant should not have interval of more than 90 days from previous date.

The In-charge Police Station- Ratanpur, District- Bilaspur (C.G.) is directed to minutely observe conduct of the appellant and if any complaint is made by the victim against the appellant, the police shall take immediate action on the same.

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

Sd/-

(Narendra Kumar Vyas) Judge Arun