Tukeshver @ Tukku Mahant vs State Of Chhattisgarh
2023 Latest Caselaw 21 Chatt

Citation : 2023 Latest Caselaw 21 Chatt
Judgement Date : 2 January, 2023

Chattisgarh High Court

Tukeshver @ Tukku Mahant vs State Of Chhattisgarh on 2 January, 2023

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                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                  CRA No. 1468 of 2021

    Tukeshver @ Tukku Mahant S/o Narayan Das Mahant, aged about 19 Years,
     R/o Thakurdiya, Chowki Kharsiya, District Raigarh (C.G.).

                                                                         ---- Appellant
                                           Versus
    The State of Chhattisgarh Through- the Police Station- Kharsiya, Thana-
     kotwanli Raigarh, District- Raigarh (C.G).
                                                                      ---- Respondent

02.01.2023 Mr. V. P. Singh, Advocate on behalf of Mr. Suresh Kumar Verma, Advocate for the appellant.

Ms. Ishwari Ghritlahre, P. L. for the State. Heard on application (I.A. No. 02 of 2021) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 12.10.2018, passed by Additional Sessions Judge, (FTC), Raigarh, District- Raigarh (C.G.) in Special Criminal Case under the POCSO Act No.-14/2018 and Crime No. 602/2017, the appellant stands convicted and sentenced as under:

S. No. Conviction Sentences

1. Under Section 366 of Indian R.I. for 3 years and fine Penal Code of Rs. 1000/- in default of payment of fine amount to further undergo 1 month additional R.I.

2. Offence under Section 6 of R.I. for 10 years and

Protection of Children from fine of Rs. 2000/- in Sexual Offence Act, 2012 default of payment of fine amount to further undergo 2 months additional R.I.

All the sentences were ordered to run concurrently.

Learned counsel for the appellants submits that the appellant has been falsely implicated in this case. He would further submit that the maximum sentence for 10 years has been awarded to the appellant. He would further submit that the appellant was in jail from 08.01.2018 till today and will complete 5 years of sentence on 07.03.2023. He would lastly submit that the appeal being of 2021 year and disposal of the appeal is likely to take some time. Therefore, 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 in this case the prosecutrix is a minor girl and the age of the prosecutrix has been proved by the father of the prosecutrix(P.W. 05). Therefore 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 against appellant and particularly considering the fact that the appellant has completed half of sentence out of the total sentence awarded to him and the appeal being of 2021 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.2 of 2021) 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 19th of January, 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.