Manoj Fekar vs State Of Chhattisgarh
2024 Latest Caselaw 31 Chatt

Chattisgarh High Court

Manoj Fekar vs State Of Chhattisgarh on 19 June, 2024

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                     I.A. No.1 of 2024

                                          In Re:

                             Criminal Appeal No.483 of 2024

Manoj Fekar, son of Neelkanth Fekar, aged about 24 years, resident of Village Girra,
Police Station Palari, District Baloda Bazar- Bhatapara, Chhattisgarh
                                                                          ----- Appellant
                                          versus
State of Chhattisgarh through the Station House Officer, Police Station Palari, District
Baloda Bazar Bhatapara, Chhattisgarh
                                                                      ----- Respondent

19.6.2024 By the impugned judgment of conviction and order of sentence dated 21.2.2024 passed in Special Case (POCSO) No.67 of 2023 the Additional District and Sessions Judge, FTSC (POCSO Act), Baloda Bazar (Chhattisgarh) has convicted and sentenced the Appellant as under:

Conviction Sentence

Under Section 366 of the R.I. for 10 years and fine of Indian Penal Code Rs.3,000, in default of payment of fine, additional R.I. for 3 months

Heard Ms. Ritika Verma, Advocate for the Appellant and Shri Shakib Ahmed, Panel Lawyer for the State/Respondent on I.A. No.1 of 2024 for suspension of sentence and grant of bail.

Learned Counsel appearing for the Appellant submits that the Appellant has been falsely implicated in the instant case as there is sufficient ground and evidence for his acquittal of the charge framed by the Trial Court. The prosecution has not been able to prove that the victim was a minor girl at the time of alleged incident. The Appellant has been convicted only on the basis of the statement of the prosecutrix, which is not reliable. He was in jail from 22.7.2023 to 26.9.2023 and he was on bail during trial. The appeal is likely to take a couple of years or even more for hearing on merits. He prays that the application may be allowed.

Learned Counsel appearing for the State opposes the application.

We have heard the rival contentions put-forth on behalf of the parties and perused the material available with due care.

Considering the facts and circumstances of the case, statement of victim, it appears to be a case of elopement and also considering that the appeal is likely to take time for hearing on merits, we are inclined to allow the application.

Accordingly, the substantive jail sentence awarded to the Appellant is suspended. He is directed to be released on bail on executing bail bond to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 5.8.2024. He shall thereafter appear before the concerned Trial Court on a date to be given by the Registry and he 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 disposal of this appeal. It is made clear that the Appellant shall not make any contact with the victim.

Consequently, I.A. No.1 of 2024 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 the appeal for final hearing.

Certified copy as per rules.

                  Sd/-                                   Sd/-
        (Sachin Singh Rajput)                       (Ramesh Sinha)
              Judge                                   Chief Justice




Gopal