Kaushal Kumar Kaiwart vs State Of Chhattisgarh
2022 Latest Caselaw 6119 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                     CRA No. 1517 of 2022
 1. Kaushal Kumar Kaiwart S/o Panchram Kaiwart Aged About 24 Years (now 27
    years) R/o Village Tenduwa, Outpost Junapara, Police Station Takhatpur, District -
    Bilaspur Chhattisgarh.
 2. Arun Kumar Nirmalkar S/o Parmendra Nirmalkar Aged About 20 Years (now 23
    years) R/o Village Kargikhurd, Police Station Kota, District - Bilaspur Chhattisgarh.
                                                                          ---- Appellants
                                         Versus
   State Of Chhattisgarh Through Station House Officer, Police Station - Takhatpur,
    District Bilaspur Chhattisgarh                                    ---Respondent

29.09.2022 Shri Achyut Tiwari, counsel for the Appellants.

Shri Pravin Shrivastava, P.L. for the State/Respondent. Prosecutrix appears along with her father and has raised her objection regarding grant of bail to the Appellants.

Heard on I.A.No.01/2022, an application for suspension of sentence and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence dated 07.09.2022, passed by the learned Additional Sessions Judge, Second Fast Track Special Court, Bilaspur, District-Bilaspur in Special Criminal Case (POCSO) No.103/2019 (Crime No. 220/2019 ), the Appellants stand convicted and sentenced as under:-

                  Conviction              Sentence
                  U/s 341/34 of I.P.C.    S.I. for 1 month and fine amount of

Rs.500/-, and in default of payment of fine further imprisonment of 7 days.

U/s 354/34 of I.P.C. R.I. for 3 years and fine amount of Rs.1000/-, and in default of payment of fine further imprisonment for 6 months.

U/s 324/34 of R.I. for 3 years and fine amount of Protection of Children Rs.500/-, and in default of payment of fine from sexual Offences further imprisonment for 6 months. Act.

U/s 7/8 of Protection R.I. for 3 years and fine amount of of Children from Rs.1000/-, and in default of payment of Sexual Offences Act fine further imprisonment for 6 months.

(Both the Appellants) (All sentences directed to run concurrently)

Learned counsel appearing for the Appellants submits that since the short term of jail sentence has been awarded to the Appellants, who are on bail during trial and have never misused the terms and conditions imposed upon them, therefore, they may be enlarged on bail, pending decision of this appeal.

On the other hand, learned counsel appearing for the Respondent/State has opposed the said application.

I have heard learned counsel for the parties and perused the entire record carefully.

Taking into consideration the short term of jail sentence awarded to the Appellants and also taking into consideration that the Appellants, who were on bail during trial have never misused the terms and conditions imposed upon them, I am, therefore, inclined to allow this application.

Accordingly, the application is allowed and it is directed that the substantive jail sentence imposed upon the Appellants shall remain suspended during the pendency of this appeal and they shall be released on bail on each of them furnishing a personal bond of Rs.25,000/- along with one surety each of like sum to the satisfaction of the concerned trial Court for their appearance before the said Court on 21.11.2022 and, thereafter, continue to appear on such further dates as are given to them in that behalf, till the disposal of this appeal.

In view of the above, I.A.No.1/2022 stands disposed of. Call for record of the Court below.

Post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge vivek