Shrawan Kumar Nirala vs State Of Chhattisgarh
2022 Latest Caselaw 6148 Chatt

Citation : 2022 Latest Caselaw 6148 Chatt
Judgement Date : 30 September, 2022

Chattisgarh High Court

Shrawan Kumar Nirala vs State Of Chhattisgarh on 30 September, 2022

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRA No. 1563 of 2018

   Shrawan Kumar Nirala S/o Dukaluram Nirala Aged About 30 Years R/o Village
    Kushagad Police Station Salhia, District Balodabazar Chhattisgarh
                                                                           ---- Appellant
                                         Versus

   State Of Chhattisgarh Through Station House Officer Police Station Dabhara District
    Janjgir Champa Chhattisgarh
                                                                         ---- Respondent

30/09/2022 Ms. Sareena Khan, counsel for the Appellant.

Shri B.L. Sahu, Panel Lawyer for the State/Respondent.

Shri Neel Kanth Malviya, Advocate appears along with the mother of the

prosecutrix and the mother, who appears in person has raised no objection

regarding grant of bail to the Appellant.

Heard on I.A.No.4/2022, an application praying for suspension of sentence

and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence

dated 29.09.2018 passed by the Special Judge(POCSO Act), Sakti, District

Janjgir Champa (CG) in Special Criminal Case No. 24/2016 (Crime

No.146/2016), the Appellant stands convicted and sentenced in the following

manner :-

Conviction Sentence

U/s 363 of the Indian Penal R.I. for 3 years and fine amount of Code Rs.5,000/-, in default of payment of fine, amount additional S.I. for 6 months U/s 366 of the Indian Penal R.I. for 5 years and fine amount of Code Rs.5,000/-, in default of payment of fine amount, S.I. for 6 months U/s 6 of the Protection of R.I. for 10 years and fine amount of Children from Sexual Offences Rs.20,000/-, in default of payment of fine Act, 2012 amount, S.I. for 6 months All the sentences were directed to run concurrently and the sentence

awarded in default of payment of fine amount shall run after main sentence.

Learned counsel appearing for the Appellant while referring to the

statement of the prosecutrix examined as PW2, submits that the Appellant has

been implicated falsely as she has not supported the prosecution story. Yet the

trial Court without considering the statement of the prosecutrix in its proper

manner, has erred in convicting and sentencing the Appellant as such. It is

contended further that the Appellant was in jail for the period commencing w.e.f.

17.05.2016 up to 06.10.2016 and thereafter from the date of pronouncement of

the judgment under appeal till date, and thus, the Appellant has served more than

4 years and 4 months of maximum jail sentence as awarded to him. It is

contended further that when he was on bail, he has never misused the terms and

conditions imposed upon him and therefore, if the remaining jail sentence is

allowed to run during the pendency of this appeal, the very purpose of filing this

appeal would be frustrated. Therefore, it is contended that the Appellant be

released on bail during the pendency of this appeal.

On the other hand, learned counsel appearing for the Respondent/ State

has raised an objection regarding grant of bail to the Appellant.

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

carefully.

Having considered the facts and circumstances of the case, considering

further that the Appellant was in jail for the period commencing w.e.f. 17.05.2016 up to 06.10.2016 and thereafter from the date of pronouncement of the judgment

under appeal, till date and thus, the Appellant has served more than 4 years and

4 months out of 10 years maximum jail sentence awarded to him and, that by

considering further that hearing of the appeal will take some more time for its

disposal, I am, therefore, inclined to allow the application.

Accordingly, the application is allowed and it is directed that the

substantive jail sentence imposed upon the Appellant shall remain suspended

during the pendency of this appeal and he shall be released on bail on his

furnishing a personal bond in sum of Rs.25,000/- along with one surety of like

sum to the satisfaction of the concerned trial Court for his appearance before the

Registry of this Court on 22nd November, 2022. He shall thereafter continue to

appear before the trial 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