Chattisgarh High Court
Krishna Markande @ Kishan Markande vs State Of Chhattisgarh on 29 January, 2025
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1563 of 2023
Krishna Markande @ Kishan Markande S/o Lainu Markande Aged About 23 Years
R/o Village Tildababda, Thana - Suhela, District : Balodabazar-Bhathapara,
Chhattisgarh ... Appellant
versus
State Of Chhattisgarh Through Outpost Jutemil, Police Station - City Kotwali,
District : Raigarh, Chhattisgarh ...Respondent
(Cause-title is taken from the CIS)
29.01.2025 By the impugned judgment of conviction and order of
sentence dated 03.07.2023 passed in Special Criminal Case
under the POCSO Act No.20 of 2020, the learned Additional
Session Judge Fast Track Special Court (POCSO) Raigarh,
District-Raigarh (C.G.) has convicted and sentenced the
appellant as below with default stipulation:
Conviction Sentence
Cra 1563 of 2023
Under Section 363 of RI for 3 years and fine of
IPC Rs.1,000/-
Under Section 366 of RI for 3 years and fine of
IPC Rs.1,000/-
Under Section 4(2), in RI for 20 years, and fine of
view of Section 71 of the Rs.5,000/-
IPC and Section 42 of
the POCSO Act, 2012
Heard Shri Deepak Kumar Jain, learned counsel for the
appellant. Also heard Shri Sangharsh Pandey, learned
Government Advocate, appearing for the respondent/State on
the instant application for suspension of sentence and grant of
bail (IA-1 of 2023) filed on behalf of appellant- Krishna
Markande @ Kishan Markande.
Learned counsel for the appellant would submit that the
appellant has been falsely implicated in the present case and
there is no evidence on record to connect the appellant with
commission of the offence. Though the victim is stated to be
minor in the case, there is no authentic documentary proof to
show that the she is a minor girl on the date of incident. He
further submits that it is a case of elopement and not of taking
away, enticing or abduction. There are no past criminal
Cra 1563 of 2023
antecedents against the appellant. He further argued that
appellant is in jail since 20.06.2020 and further, appeal is likely
to take some more time for its final disposal, hence he prays
that the appellant be enlarged on bail.
Learned Govt. Advocate submits that notice has been
served to the complainant/father (PW-3) of the victim, but none
appears to oppose the application for suspension of sentence
and grant of bail to the appellant. It is further submitted that the
prosecutrix is minor girl, aged about 15 years four months, and
she found in the company of appellant, in his house. Further,
the prosecution has proved its case beyond any reasonable
doubt, thus, he opposes the prayer for grant of bail. He further
submits that the findings arrived at by the learned trial Court are
just and proper. It is also not in dispute that appellant's parents
have also been made accused in the case but later on they
were acquitted from the alleged offence.
We have heard learned counsel for the parties and
perused the record of the trial Court.
Cra 1563 of 2023
Considering the submissions advanced by the learned
counsel for the parties, also considering the evidence available
on record and fact that the prosecutrix eloped with the appellant
on her own will, and stayed with him, and when the parents
came to know their relationship, alleged crime has been
registered against the appellant, that the appellant is in jail
since 20.06.2020 and further, 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 Krishna Markande @ Kishan Markande, s/o Lainu
Markandei by the learned trial Court is hereby suspended. He
shall be released on bail on his executing bail bond to the
satisfaction of the concerned trial Court for his appearance
before the Registry of this Court on 10th March, 2025. 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
Cra 1563 of 2023
by the said Court, interval being not less than 6 months, till final
disposal of this appeal.
Consequently, IA-1 of 2023 filed by the appellant is
allowed.
It is made clear that the observations made here in above
are only confined for disposal of aforesaid application for grant
of bail, 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 case for final hearing in its due course.
C.C. as per rules.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
padma
