Kanhaiya Shivvanshi vs State Of Chhattisgarh
2024 Latest Caselaw 648 Chatt

Chattisgarh High Court

Kanhaiya Shivvanshi vs State Of Chhattisgarh on 27 June, 2024

             ` HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet

                                   CRA No. 759 of 2022
• Kanhaiya Shivvanshi S/o Rajesh Shivvanshi Aged About 22 Years R/o Ward No. 6,
  Samnapur, Police Station Nainpur, District Mandla Madhya Pradesh.
                                                                                        ---- Appellant
                                              Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Rajhara, District
  Balod Chhattisgarh.
                                                                                    ---- Respondent

27.06.2024 Mr. B. P. Singh along with Mr. Sudhanshu Singh, learned counsels for the appellant.

Mr. Anurag Tripathi, P.L. for the State.

Heard on I.A. No. 01/2024 application under Section 389 of Cr. P.C. for second suspension of sentence and grant of bail of appellant- Kanhaiya Shivvanshi during the pendency of appeal.

First suspension application was dismissed as withdrawn vide order dated 26.07.2022 with liberty to revive the same after 1 year.

By the impugned judgment of conviction and order of sentence dated 26.04.2022 passed in Special Sessions Case (POCSO) No. 03/2019 by the learned Additional District & Sessions Judge, Special Judge (FTSC), District

- Balod (C.G.), the appellant has been convicted and sentenced in the following manner:-

                Conviction                     Sentence

                Under Section 363 of I.P.C.    R.I. for 3 years and fine amount of Rs. 1,000/- and in

default of payment of fine amount additional R.I. for 1 months to the appellant.

Under Section 366 of I.P.C. R.I. for 5 years and fine amount of Rs. 2,000/- and in default of payment of fine amount additional R.I. for 2 months to the appellant.

Under Section 4 of R.I. for 10 years and fine amount of Rs. 5,000/- and in Protection of Children from default of payment of fine amount additional R.I. for 6 Sexual Offences Act, 2012 months to the appellant. Learned counsel for the appellant submits that the appellant is in jail since 09.12.2018 and the maximum sentence imposed upon the appellant is of 10 years and as such he has already served half of the maximum sentence imposed to him. The appeal is likely to take sometime to be decided on merits, therefore, looking to the detention period of the appellant, the application may be allowed.

Learned counsel for the State opposes the bail application. I have heard learned counsel for the parties, considering the detention period of the appellant and appeal is likely to take sometime to be decided on merits, therefore, I am inclined to allow this application.

Execution of substantive jail sentence imposed on the appellant shall remain suspended and he is directed to 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 concerned trial Court for his appearance before the Registry of this Court on 27.09.2024. 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. It is also directed that the appellant shall not contact in any manner with victim or her family members.

In response to notice issued on 19.03.2024, victim along with her mother appeared through DLSA on 19.04.2024 and raised objection for grant of bail to the appellant.

Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge

H.ansari