Rukum Das Manikpuri vs State Of Chhattisgarh
2023 Latest Caselaw 1047 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                 CRA No. 252 of 2023

    Rukum Das Manikpuri S/o Gopal Das Aged About 55 Years R/o Near Bagdai
    Mandir Ashok Nagar, Sarkanda, P.S. Sarkanda District Bilaspur Chhattisgarh.

                                                                           ---- Appellant

                                        Versus

    State Of Chhattisgarh Through The Police Station, Sakri District Bilaspur
    Chhattisgarh

                                                                        ---- Respondent

17.02.2023 Mr. Suresh Kumar Verma, counsel for the appellant.

Mr. Himanshu Sharma with Ms. Abhyunnati Singh, Panel

Lawyers for the State.

On the previous date of hearing the victim was issued notice

but there was no representation on that behalf.

Heard on I.A. No.1, which is an application for suspension of

sentence and for grant of bail.

The appellant stands convicted for the offence under Section

7/8 of the POCSO Act, 2012. He has undergone RI of 3 years with

fine of Rs.3000/- and with default stipulation.

Counsel for the appellant submits that he has been on bail

during trial and subsequent to the judgment also he is on interim bail

under Section 389 of the Cr.P.C. He further submits that fine amount

has already been deposited and prays that appellant be released on

bail as the appeal is of the year 2023, there is no likelihood of early final hearing.

State counsel however, on the other hand opposes the bail

application on the ground that victim being a minor and conviction

being under the provisions of Special Act i.e. POCSO Act, the

appellant do not deserve bail.

Having heard the contentions put forth on either side and on

perusal of records and considering the fact that appellant was on bail

during trial and he is now on interim bail, there was no allegation of

any misuse by the appellant. Moreover, the appeal is of the year

2023, there is no likelihood of early disposal of the appeal, therefore a

strong case for allowing I.A. No.1 is made out.

Accordingly, it is directed that the further 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 the sum of Rs.25,000/- with two sureties each in like

sum to the satisfaction of the concerned trial Court. The appellant is

directed to appear before the trial Court on 26.04.2023 or each and

every date given to him by the trial Court till disposal of the appeal.

Sd/-

(P. Sam Koshy) JUDGE Rohit