Punaram Nishad vs State Of Chhattisgarh
2023 Latest Caselaw 990 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                            CRA No. 1523 of 2021

        Punaram Nishad, S/o Santosh Nishad, Aged About 22 Years, R/o Village
        Gopalpur, Thana Tumgaon, District- Mahasamund (C.G.)
                                                              ---- Appellant
                                    Versus

        State of Chhattisgarh Through- Station House Officer, Police Station-
        Tumgaon, District- Mahasamund (C.G.)
                                                             ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal

15.02.2023 Mr. Manish Thakur, Advocate for the appellant.

Mr. Aforj Khan, P.L. for the State/respondent.

Mr. C.K. Sahu, Advocate for the victim.

Heard on I.A. No.01/2021, an application under Section 389 of

CRPC for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated

18.11.2021 passed by the Special Judge (POCSO Act) Mahasamund,

District Mahasamund (C.G.) in Special Criminal Case No.H-14/2020, the

appellant has been convicted and sentenced as under:-

Conviction Sentence Rigorous imprisonment for 5 Under Section 363 of IPC years and fine of Rs.1000/-, in default of payment of fine

amount, 1 month additional rigorous imprisonment.

Rigorous imprisonment for 7 Under Section 366 of IPC years and fine of Rs.2000/-, in default of payment of fine amount, 2 month additional rigorous imprisonment.

Rigorous imprisonment for 20 Under Section 6 of POCSO Act years and fine of Rs.10,000/-, in default of payment of fine amount, 6 month additional rigorous imprisonment

(All sentences were directed to run concurrently)

Learned counsel for the appellant submits that the victim was major

and consenting party and there is no medical report supporting case of

the prosecution. He further submits that FSL report (Ex.P/22) is also

negative. The appellant was on bail during the trial and did not misuse the

liberty granted to him. He contended that on 29.07.2021, in MCRC

No.841 of 2021, appellant is granted regular bail by the High Court and

did not misuse the liberty. He further contended that final disposal of the

appeal is likely to take time and, therefore, application may be allowed

and appellant may be released on bail.

On the other hand, opposing the bail application, learned State

Counsel submits victim is minor and she is supported the case of the

prosecution.

Learned counsel for victim submits that victim has no objection to

release the appellant on bail during pendency of trial, appellant

has already married with the victim.

We have perused the material available on record.

Considering the facts and circumstances of the case, nature of

allegation against the appellant, further considering the statement of

victim as well as FSL report (Ex.P/22), which has been found negative,

the appellant was on bail during trial and did not misuse the liberty which

was given to him, no objection has been stated by the victim to release

the appellant on bail and that disposal of this appeal is likely to take time,

without expressing any opinion on merits of the case, we are inclined to

grant bail to the present appellant. Accordingly, the application (I.A.

No.01/2021) is allowed.

It is directed that the execution of substantive jail sentence awarded

to the appellant shall remain suspended during the pendency of this

appeal and he is directed to be released 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 27th April, 2023. The appellant shall

thereafter appear before 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.

Certified copy as per rules.

                        Sd/-                                   Sd/-

            (Sanjay K. Agrawal)                      (Radhakishan Agrawal)
                 Judge                                      Judge

Yogesh