Ishwar Kannauje vs State Of Chhattisgarh
2024 Latest Caselaw 714 Chatt

Chattisgarh High Court

Ishwar Kannauje vs State Of Chhattisgarh on 1 July, 2024

                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       Order Sheet
                                  CRA No. 562 of 2024

  • Ishwar Kannauje S/o Chandrashekhar Kannauje Aged About 23 Years R/o
    Kosmanda, Police Station Palari, District Balodabazar - Bhatapara (C.G.)

                                                                              ---- Appellant

                                         Versus

  • State of Chhattisgarh Through - Police Station Palari, District Balodabazar-
    Bhatapara (C.G.)                                             ---- Respondent

01/07/2024 Heard Mr. Yogesh Chandra, learned counsel for appellants. Also

heard Ms. Mandwi Bhardwaj, learned Panel Lawyer, appearing for

Respondent-State and Mr. N.K. Chatterjee, learned counsel for

objector/complainant, on the instant application for suspension of

sentence and grant of bail i.e. I.A. No. 1 of 2024.

By the impugned judgment of conviction and order of sentence

dated 01.03.2024, learned Additional District and Sessions Judge, Fast

Track Special Court (POCSO Act), District Balodabazar, District

Baldobazar Bhatapara (C.G.) in Special Case (POCSO) No. 74/2023,

has convicted and sentenced the Appellant as under:-

Conviction Sentence

u/s 457 of the Indian Penal Code R.I. for 5 years with ine of Rs.

2000/- in default of which additional Imprisonment for 3 months.

u/s 323 of Indian Penal Code R.I. for 1 year with ine of Rs. 1000/-

in default of which additional Imprisonment for 3 months.

u/s 8 of POCSO Act R.I. for 05 years with ine of Rs.

5000/- in default of which additional imprisonment for 3 months.

Learned Counsel for Convict/Appellant has argued that the

prosecutrix and the co-accused known to each other from very long time

and they are having love afair and he has been falsely implicated in the

present case. He further submits that there is no objection raised by the

prosecutrix. He is in jail since 01.03.2024 and the appeal is likely to take

sometime for its inal disposal, therefore he may be released on bail.

On the other hand, learned State Counsel opposes the bail

application.

Taking into account that the conviction of the appellant was based

on the circumstantial evidence and there is no cogent evidence

against the appellant and also considering the fact that counsel of the

prosecutrix has raised no objection in granting the bail to the appellant

and particularly the fact that during trial he has been granted bail and

has not misused the liberty granted by the concerned Court, without further commenting on merits, I am of the opinion that present is a it

case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the

Appellant by the learned Trial Court is hereby suspended. The

Appellant shall be released on bail on his executing a bail bond of

Rs.10,000/- with one surety in the like amount to the satisfaction of the

concerned Trial Court for his appearance before the Registry of this

Court on 10.09.2024. Thereafter, he shall appear before the 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, interval being not less than 6 months, till inal

disposal of this appeal.

Consequently, IA No.1 of 2024 stands allowed.

List this matter for inal hearing in due course.

SD/-

(Arvind Kumar Verma) Judge

Jyoti