Premdas Sonwani vs State Of Chhattisgarh
2023 Latest Caselaw 1077 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet

                            CRA No. 1848 of 2022
  1. Premdas Sonwani S/o Late Mohandas Sonwani Aged About 53 Years R/o
     Pathrakundi, Police Station-Kharora, District Raipur (C.G.)

  2. Jhamendra Banjare S/o Late Devaldas Banjare Aged About 29 Years R/o
     Nawagaon, Police Station Kharora, District Raipur (C.G.)

  3. Haseena Banjare W/o Jhamendra Banjare Aged About 25 Years R/o
     Nawagaon, Police Station Kharora, District Raipur (C.G.)

                                                                ---- Appellants

                                   Versus

   State Of Chhattisgarh, Through The Station House Officer, Police Station
    Suhela, District Balodabazar-Bhatapara (C.G.)

                                                              ---- Respondent

20/02/2023 Mr. Satya Prakash Verma, Advocate for the appellants.

Ms. Abhyunnati Singh, Panel Lawyer with Ms. Sameeksha Gupta, Panel Lawyer for the State.

On the previous date of hearing notice was already issued to the victim, but there is no appearance on behalf of the victim. The present appeal has been taken up for hearing for consideration of suspension of sentence of the appellant No.1 Premdas Sonwani. The appellant No.1 Premdas Sonwani is the father of the main accused Devsingh Sonwani.

The present appellant stands convicted for the offence under Section 368 and Section 6 read with Section 17 of the POCSO Act. The case of the prosecution itself is that the main accused Devsingh Sonwani is said to have allured the victim and took her to different places and kept her in his custody in illegal confinement for a considerable period of time and in between is said to have had physical relationship with her knowing fully of the fact that the victim was a minor.

The counsel for the appellant submits that the present appellant No.1 Premdas Sonwani was on bail during trial. He further submits that from the date of judgment dated 17.11.2022 the present appellant is in jail, as such he is already put in more than 4 months of custody period. He further submits that there is no allegation of any offence committed by the present appellant except for the fact of the concealment of the case of abduction by the main accused Devsingh Sonwani. He further submits that the present appeal is of the year 2022 and there is no likelihood of an early disposal of the appeal and that it is a clear case where the appellant ultimately would also be acquitted from the charges leveled against him. He further submits that from the plain perusal of the entire factual matrix of the case, it would clearly reflect that there was a clear consensual romantic relationship between the main accused Devsingh and the victim and that she had readily and happily traveled with the main accused at various places and had voluntarily stayed with him without any coercion, force or threat whatsoever. Under the circumstances he be released on bail.

Learned State counsel however opposes the bail application and submits that it is a case where the present appellant is said to have concealed material facts from the prosecution including the whereabouts from the victim inspite of knowing fully well that the victim was in the company of the son of present appellant No.1 Premdas Sonwani. He further submits that since the conviction is also for the offence under the POCSO Act, the appellant at this juncture does not deserve to be released on bail.

Having heard the contention put forth on either side and on perusal of records, particularly taking into consideration the afore- given facts and circumstances of the case and the allegations that is leveled against the present appellant, prima facie this Court is of the opinion that a strong case for allowing the bail application has been made out. Accordingly, I.A. No.1 stands allowed.

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 the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court. The appellant is directed to appear before the trial Court on 28th of April, 2023 and all further dates to be given to him by the said Court till disposal of the appeal.

List this case in due course.

Sd/-

(P. Sam Koshy) JUDGE

Ved