Chattisgarh High Court
Anmol Kashyap vs State Of Chhattisgarh on 25 June, 2024
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
I.A. No. 1 of 2023
In
CRA No. 2051 of 2023
1 - Anmol Kashyap S/o Ramashray Aged About 26 Years R/o Quarter No. 71/a, Klc Fish
Market, Khursipar, Police Station Khursipar, District Durg (C.G.) ---- Appellant
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station - Khursipar,
District Durg (C.G.) ---- Respondent
(Cause-title taken from Case Information System)
25/06/2024 This appeal is against the impugned judgment dated 25.08.2023
passed by Learned Additional Sessions Judge, First Fast Track Court,
Special Judge (POCSO Act), Durg, District Durg, CG in Special Session
Case (POCSO) No. 116/2021 convicting the accused/appellant under
Sections 363 and 366 of IPC and Section 5(1) of POCSO Act and
sentencing him to undergo RI for 1 year and fine of Rs. 1000/- u/s 363, RI
for 3 years and fine of Rs. 2000/- u/s 366 and RI for 20 years with fine of
Rs. 5,000/- u/s 5(1) of the POCSO Act, plus default stipulations.
Case of the prosecution in brief is that mother of the prosecutrix
lodged an FIR lodged an FIR alleging that her daughter had left her house
after keeping clothes in a bag and did not return thereafter, and on the
basis of said information offence under Section 366 IPC was registered
against an unknown person. After investigation, charge sheet has been
filed u/s 363, 366, 376, 376(2)(n) IPC and section 5(1), and (6) of the
POCSO Act.
Mr. Achyut Tiwari, learned counsel for the appellant submits that the
accused/appellant has been implicated in a false case. He submits that
prosecutrix was aged about 18 years on the date of incident and therefore,
the sentence may be suspended and the accused/appellant be bailed out
keeping in mind the fact that the disposal of the appeal is likely to take
some more time. He submits that the FSL report is also negative.
On the other hand, Mr. Hariom Rai, PL for the State/ respondent
opposes the prayer for suspension of sentence and submits that looking to
the seriousness of the offence committed by the accused/appellant, the
accused/appellant does not deserve the benefit of suspension of sentence
and grant of bail.
We have heard learned counsel for the parties and perused the
documents appended with the bail application.
Considering the submissions advanced by the learned counsel for
the parties, also considering the evidence available on record and the fact
that the age of the victim is also doubtful and the accused/appellant
appears to have been implicated on account of some old dispute, and the
appellant is in jail since 28.07.2021 and further that the hearing of this
appeal would take prolonged period of time, we deem it appropriate to
allow the application for suspension of sentence and grant of bail moved on
behalf of the appellant.
Accordingly, the substantive jail sentence awarded to appellant-
Anmol Kashyap by the learned trial Court is hereby suspended. He shall be
released on bail on his executing bail bond with two sureties to the
satisfaction of the concerned trial Court for his appearance before the
Registry of this Court on 20.08.2024. He shall thereafter, 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 06 months, till
final disposal of this appeal.
Consequently, I.A. No. 1 of 2023 is allowed.
It is made clear that the observations made hereinabove are only
confined for disposal of aforesaid I.A. filed in this appeal and it shall not be
construed as an expression of opinion of this Court on the merits of the
matter.
List this matter for final hearing.
C.C. as per rules.
Sd/- Sd/-
(Sachin Singh Rajput) (Ramesh Sinha)
Judge Chief Justice
Jyotishi/pawan
