Shatruhan Nirmalkar vs State Of Chhattisgarh
2023 Latest Caselaw 386 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                    CRA No. 154 of 2023
Shatruhan Nirmalkar, S/o Manharan Nirmalkar, Aged About 36 Years, R/o Behind
Vivekanand Ashram Idgah, P.S. Azad Chowk, Raipur, District- Raipur (C.G.)
                                                                          ---- Appellant
                                           Versus
State of Chhattisgarh, Through Police Station City Kotwali, District- Mungeli (C.G.)
                                                                               ---Respondent

18.01.2023 Mr. Tanuj Patwardhan, counsel for the appellant.

Mr. Ajay Kumrani, Panel Lawyer for the State/respondent. Heard on admission.

Admit.

Call for the record of the court below within four weeks. Also heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 28.12.2022 passed by the learned Special Judge (FTSC) POCSO Act Mungeli, District- Mungeli (C.G.) in Special Criminal Case No. 37/2021, the appellant stands convicted, as under:-

                     Conviction                               Sentence
              U/s 363/109 of IPC     : R.I. for 3 years and fine of Rs. 1000/- in default
                                       of payment of fine further S.I. for one month.

Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the case. He would further submit that the appellant has suffered about 2 months & 3 days of jail sentence and the fine amount has been deposited. He would also submit that there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of

offence, therefore, the appellant is not entitled for grant of bail.

Considering the fact that the appellant has already suffered 2 months & 3 days of jail sentence out of total jail sentence i.e. 3 years awarded to him, the fine amount has been deposited and also considering the fact that the appeal being of the year 2023, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, application 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 9th February, 2023. He shall thereafter appear before the 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.

List this appeal for final hearing in its chronological order along with CRA No. 52 of 2023.

Sd/-

(Narendra Kumar Vyas) Judge

Arun