Shambhunath @ Karan Singh vs State Of Chhattisgarh
2023 Latest Caselaw 898 Chatt

                             HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                              CRA No. 1881 of 2017
                           Shambhunath @ Karan Singh S/o Late Prabhu Singh Aged
                            About 30 Years R/o Dharampura , Police Station Doriganj District
                            Chhapra , Bihar Presently R/o Sanjay Colony Gali No. 12, House
                            No. 3239 , Munjeshar Faridabad District Faridabad.
                                                                              ---- Appellant
                                                     Versus
                           State Of Chhattisgarh Through Station House Officer Police of
                            Police Station Keregaon District Dhamtari Chhattisgarh
                                                                          -- Respondent

10-2-2023 Shri Anil Gulati, counsel for the appellant.

Shri Neeraj Pradhan, PL for the State/respondent. Heard on I.A. No. 2/2017 application for suspension of sentence and grant of bail to the appellant.

By this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 28-9-2017 passed by the Special Judge POCSO Act (FTC), Dhamtari, Distt. Dhamtari in Special Criminal Case No. 163/2017, whereby he has been convicted under Section 376 of IPC and Section 4 of POCSO Act and sentenced to undergo RI for 7 years and to pay a fine of Rs. 2,500/-, in default of payment of fine, to undergo SI for 6 months.

Learned counsel for the appellant submits that earlier victim in her statement recorded under Section 161 of the Cr.P.C. has stated that she herself had left her house for search of work. She had further stated that nothing has happened with her, but due to pressure created by her parents, she has falsely implicated the appellant in this case. It is further submitted that age of the victim prosecutrix has also not been conclusively proved by the prosecution. Further, appellant is in jail since 5-6-2017, maximum jail sentence imposed upon the appellant is 7 years, he has completed more than ½ period of his jail sentence, appeal is not likely to be heard in near future. Hence, appellant's remaining jail sentence may be suspended till disposal of this appeal.

Conversely, learned counsel for the State vehemently opposes the bail application and submits that on the date of incident victim was minor, which has been proved by her parents as well as school record. Victim has also deposed that appellant has sexually exploited her. Hence the bail application is liable to be dismissed.

I have heard learned counsel for the parties and perused the impugned judgment as well as the evidence available on record.

Having regard to the evidence and particularly the period of jail sentence already served by the appellant and further considering that the appeal is not likely to be heard in near future, I feel inclined to suspend the jail sentence and release the appellant on bail.

Accordingly, IA No.2/2017 is allowed.

It is directed that execution of substantive jail sentence imposed on 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 a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The appellant shall appear before the Registry of this Court on 12-4-2023 and thereafter before the trial Court on a date given by the Registry and then as directed by the trial Court, till disposal of this appeal.

Sd/-

(N.K. Chandravanshi) Judge

Pathak