Mohan Lal @ Pawan @ Raj vs State Of Chhattisgarh
2022 Latest Caselaw 6151 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRA No. 1680 of 2017

   Mohan Lal @ Pawan @ Raj S/o Laxminath Hirwani Aged About 21 Years R/o
    Village Dhaurabhatha, Police Station Utai District Durg Chhattisgarh.
                                                                           ---- Appellant
                                        Versus

   State Of Chhattisgarh Through Station Incharge Chowki - Kanwar Police Station
    Gurur, District Balod Chhattisgarh.
                                                                         ---- Respondent

30/09/2022 Shri Shikhar Bakhtiyar, counsel for the Appellant.

Shri Himanshu Sharma, Panel Lawyer for the State/Respondent.

Despite service of notice upon the prosecutrix and her brother, they

have failed to appear either in person or through video conference.

Heard on I.A.No.2/2022, an application for suspension of sentence and

grant of bail.

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

dated 13.10.2017 passed by the Sessions Judge(Incharge FTC), Balod, District

Balod (CG) in Special Criminal Case POCSO No. 74/2016, the Appellant

stands convicted and sentenced in the following manner :-

Conviction Sentence

U/s 363 of the Indian Penal R.I. for 1 year and fine of Rs.500/-, in Code default of payment of fine, additional R.I.

for 1 month U/s 366 of the Indian Penal R.I. for 3 years and fine of Rs.500/-, in Code default of payment of fine additional R.I.

for 1 month U/s 376(2)(n) of the Indian R.I. for 10 years and fine of Rs.2,000/-, in Penal Code/Section 6 of the default of payment of fine additional R.I. Protection of Children from for 1 month Sexual Offences Act, 2012 All the sentences were directed to run concurrently.

Learned counsel appearing for the Appellant submits that the Appellant

is in jail since 18.11.2016 and has thus, served more than half of the jail

sentence awarded to him, and 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, the Appellant may be released on bail.

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

has opposed the said bail application.

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

record carefully.

Having heard learned counsel for the parties and having considered the

fact that the Appellant has served more than half of the jail sentence awarded

to him, without expressing anything on merits of the case, I am inclined to allow

the application for suspension of sentence and grant of bail.

Accordingly, I.A.No.2/2022 is allowed.

The substantive jail sentence awarded to the Appellant shall remain

suspended during the pendency of this appeal and the Appellant is directed to

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 23rd November, 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 on all such subsequent

dates as are given to him by the said Court till the disposal of this appeal.

In view of the above, I.A.No.2/2022 stands disposed of.

Let the matter be listed for final hearing in its turn.

Certified copy today itself.

Sd/-

(Sanjay S. Agrawal) Judge

sunita