Bhavesh Kumar Sahu vs The State Of Chhattisgarh
2023 Latest Caselaw 624 Chatt

                                                                               NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRA No. 1966 of 2022
  Bhavesh Kumar Sahu S/o Shri Satyadev Sahu Aged About 24 Years R/o Village
  Sakin Purgaon, Police Station Bilaigarh, District Balodabazar- Bhatapara,
  Chhattisgarh
                                                                         ---- Appellant
                                       Versus
  The State of Chhattisgarh Through Station House Officer, Police Station Bilaigarh,
  District Balodabazar- Bhatapara, Chhattisgarh

                                                                    ---- Respondent

31/01/2023 Mr. Gourav Singhal, Advocate for the appellant.

Mr. R.M. Solapurkar, GA and Mr. Himanshu Sharma, PL for the

State.

Heard on application (I.A. No. 01/202) for suspension of sentence

and grant of bail to the appellant.

By the impugned Judgment dated 18.11.2022 passed by learned Additional District and Sessions Judge, FTSC (POCSO Act) Balodabazar, District Balodabazar-Bhatapara (CG) in Special Sessions Case (POCSO) No. 37/2021, the appellant stands convicted and sentenced as under:-

                          Conviction                           Sentence
              U/s. 354 IPC                      RI for 1 year with fine of Rs. 500/- in
                                                default of payment of fine additional RI
                                                for 6 months.
              U/s. 456 IPC                      RI for 1 year with fine of Rs. 500/- in
                                                default of payment of fine additional RI
                                                for 6 months.
              U/s. 8 of the POCSO Act.          RI for 3 years with fine of Rs. 500/- in
                                                default of payment of fine additional RI
                                for 6 months.

Learned counsel for the appellant would submit that the trial Court without appreciating the evidence, material on record has convicted the appellant on a perverse finding. He would further submit that the victim is a major girl and present matter is of love and affection and just to punish the accused by the family members of prosecutrix a false case has been registered. He would further submit that the appellant remained in jail about 3 days during trial and after conviction, the appellant has been granted interim bail by the trial Court and he did not misuse the liberty granted to him, therefore, application filed under Section 389 for suspension of sentence and grant of bail may be considered.

In pursuance of direction issued by this Court, the victim has appeared and raised strong objection for grant of bail to the appellant. She submits that she is in apprehension that if the appellant is released on bail, he may repeat the incident with her.

Her objection is taken on record.

Learned State counsel while opposing the bail application would submit that in view of testimony of the victim on the material points has remained unshaken despite the fact that she has been cross-examined at length by the counsel for the appellant, therefore, no leniency is required to be shown and would pray for rejection of suspension of sentence and grant of bail.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellant and the fact that the appeal is of the year 2022 and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this Appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 23.02.2023. He shall thereafter continue to appear before the trial Court on all such subsequent dates as are given to him by the trial Court till the disposal of this appeal.

It is directed that the appellant will not repeat such type of act with the victim, if he will indulge himself in extending threat to the victim through him or with his associates if any, then the victim is at liberty to make complaint before the concerned Police Station, who in turn shall take strict action against the appellant.

It is directed that the concerned Superintendent of Police shall take personal interest if the appellant repeat such type of act. He will inform this Court forthwith what action he has taken on the complaint made by the victim. The victim is also at liberty to move application before this Court for cancellation of bail.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

santosh