Pawan Kumar Patel vs State Of Chhattisgarh
2023 Latest Caselaw 1164 Chatt

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                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                CRA No. 1060 of 2022
   Pawan Kumar Patel S/o Mishrilal Aged About 35 Years R/o Uslapur Station Road, Near
    Maharishi School, Behind R. K. Furniture, Mangla, P.S. Civil Line, District Bilaspur (C.G.)
                                                                                   ---- Appellant
                                         Versus
   State Of Chhattisgarh Through Station House Officer, Police Station Civil Line District
    Bilaspur (C.G.)
                                                                                --- Respondent

24.02.2023 Mr. Kanhaiya Yadav, Advocate on behalf of Mr. C. P. Lahre, Counsel for the

appellant.

Mr. Trivikram Nayak, P. L. for the State.

Mr. Aman Upadhyay, Counsel for the objector.

Heard on I.A.No.02/2022, this is 2 nd application for suspension of sentence and

grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated

17.06.2022 passed by the First FTC (POCSO) /Additional Sessions Judge, Bilaspur,

District- Bilaspur (C.G.) in Special Sessions Trial No.90/2021, the appellant has been

convicted and sentenced in the following manner:-

Conviction Sentence Under Section 452 of IPC R.I. for 1 year with fine of Rs. 300/-

and in default of payment of fine

additional R.I. for 3 months.

Under Section 354 of I.P.C. RI for 3 years with fine of Rs.500/-

and in default of payment of fine

Additional R.I. for 6 months.

Under Section 8 of POCSO RI for 3 years with fine of Rs.500/-

Act. and in default of payment of fine

Additional R.I. for 6 months.

Learned counsel for the appellant submits that the appellant has already

served 7 months 2 days jail sentence out of 3 years maximum jail sentence awarded

to him and he placed reliance upon the judgment of the Hon'ble Supreme Court in

case of Jeetu Khatik Vs. State of Chhattisgarh passed in Criminal Appeal No.603

of 2022 decided on 11.04.2022 contending that in the said case looking to the short

period of jail sentence served, the Hon'ble Supreme Court was pleased to allow the

application. He submits that the appeal will take some time for hearing on merits,

therefore the substantive jail sentence imposed upon the appellant may be

suspended and he may be released on bail.

State counsel opposes the application for suspension of sentence and grant of

bail and submits that the first application for suspension of sentence was already

dismissed on merits by this Court and there is no substantial change in

circumstances, his application may be rejected.

Counsel for the objector also opposes the application and submits that the

appellant and the victim are neighbours, therefore, there is all possibility that the

appellant would cause harm to the victim.

At this stage, counsel for the appellant submits that he undertakes that the

appellant would not cause harm to victim and he is ready to abide by any of the

conditions which may be imposed by this Court.

I have heard learned counsel for the parties, considering the fact that the

appellant has completed 7 months & 2 days of the jail sentence out of 3 years

maximum jail sentence awarded to him and in view of judgment of Hon'ble the

Supreme Court in the case of Jeetu Khatik (Supra) and hearing of the appeal on

merits will take some more time, therefore, I am inclined to allow this application.

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

The substantive jail sentence awarded to the appellant is suspended during

the pendency of this appeal and he is directed to release on bail on his furnishing a

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

satisfaction of the concerned trial Court for his appearance before the Registry of this

Court on 24th March, 2023. He shall thereafter appear before the concerned trial

Court on a date to be given by the Registry of this Court and shall continue to appear

there on all such subsequent dates as are given to him by the said Court, till the

disposal of this appeal. It is made clear that the appellant shall not meet the victim in

any manner.

Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge

parul