Ranjit Singh Sharma @ Ranjit Singh ... vs State Of Chhattisgarh
2023 Latest Caselaw 809 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                  CRA No. 1931 of 2022

    Ranjit Singh Sharma @ Ranjit Singh Tandan, S/o Khageshwar Prasad Tandan,
     aged about 39 years, R/o- Parsadih, Police Station- Bilaigarh, District-
     Balodabazar-Nhatapara (C.G.).

                                                                         ---- Appellant
                                           Versus
    The State of Chhattisgarh Through- the District Magistrate, Balodabazar,
     District- Balodabazar- Bhatapara (C.G.).
                                                                       ---- Respondent

08.02.2023 Mr. Shivendu Pandya, Advocate for the appellant.

Ms. Ishwari Ghritlahre, P. L. for the State.

Heard on application (I.A. No. 01 of 2022) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 18.11.2022, passed by the learned First Additional Sessions Judge, (FTC) , Balodabazar (C.G.) in ST No.-64/2019 and Crime No. 260/2019, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 67(A) of R.I. for 04 year and fine Information Technology Act, of Rs. 1,00000/- in 2000 default of payment of fine amount to further undergo 9 months additional R.I.

Learned counsel for the appellants submits that the appellant has been falsely implicated in this case. He would further submit that the victim in her cross-examination at paragraph 30 has admitted that she has sent the photograph to the accused/appellant and the said photograph has been clicked by the victim herself. He would also submit that the said photograph has not been transmitted as it is reflected from the Cyber report (Ex. P/20), as such, the offence under Section 67(A) is not made out against the appellant. He would would further submit that the maximum sentence for 4 years has been awarded to the appellant and during trial, the appellant remained in jail for about 2 months and 2 days of sentence and from date of judgment of conviction and sentence passed by the trial Court i.e. 18.11.2022 and still he is in jail, thus he has completed for about 4 months and 20 days whereas the sentence awarded to him is 4 years. He would lastly submit that the appeal being of 2022 year and disposal of the appeal is likely to take some time, hence, it is prayed that the appellant may be released on bail.

On the other hand, learned State Counsel opposes submissions of the counsel for the appellant and would submit that the learned trial Court has rightly convicted and sentenced the appellant and he may not be released on bail.

I have heard learned counsel for the parties.

Considering the facts and circumstances of the case, nature & gravity of allegations made against the appellant and from the bare perusal of the Section 67(A) of the I.T. Act, the commission of the said offence is required transmitting of material containing sexually explicit act and the same to be published or transmitted in the electronic form which contains sexually explicit act or conduct then only the offence under Section 67(A) is made out and also considering the fact that the victim herself sent the photograph to the appellant, the appellant has completed 4 months and 20 days out of the maximum sentence i.e. 4

years awarded to him and the appeal being of 2022 year and disposal of the appeal is likely to take some time, without expressing anything on merit of the case, I am inclined to allow the appellant to release on bail.

Accordingly, application (IA No.1 of 2022) for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 28th of March, 2023. He shall thereafter appear before Registry of this 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 Registry of this Court till the disposal of this appeal.

List this appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge

amita