Chattisgarh High Court
Manish Alias Golu Sonkar vs State Of Chhattisgarh on 3 January, 2025
1/4
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2162 of 2024
• Manish Alias Golu Sonkar S/o Late Shiv Prasad Sonkar Aged
About 40 Years R/o Bajrang Nagar, Kandarapara, Goura Chowk
Durg Police Station Durg, District- Durg, Chhattisgarh.
... Appellant
versus
• State Of Chhattisgarh Through- Police Station Durg Kotwali,
District- Durg,chhattisgarh.
... Respondent
03/01/2025 Mr. Shivam Agrawal, Advocate on behalf of Mr.
Hemant Kumar Agrawal, Advocate for the appellant.
Mr. Kalpesh Ruparel, P.L. for the State/Respondent.
Heard on I.A. No. 01/2024, application under Section
430 of B.N.S.S., 2023 for suspension of sentence and grant
of bail.
Digitally
signed by
SOURABH By the impugned judgment dated 13.11.2024 passed
SOURABH PATEL
PATEL Date:
2025.01.04
11:40:13 by learned Additinal Sessions Judge, IV Fast Track Special
+0530
Court, Durg, District-Durg (C.G.) in Special Criminal Case
(POCSO) No. 05/2024, the appellant has been convicted
and sentenced as mentioned below :
Conviction Sentence In Default
Under Section
354 and 354(A)
of IPC
Under Section 8 RI for 03 years In default of
of POCSO Act and fine of payment of fine
Rs.100/-. amount further S.I
for one month.
Under Section RI for 01 year In default of
12 of POCSO and fine of payment of fine
Act Rs.100/-. amount further SI
for one month.
Learned counsel for the appellant submits that the
appellant is innocent and is falsely implicated in the case.
He further submits that under Section 8 & 12 of POCSO
Act, the maximum sentence which has been awarded to
the Appellant is 3 years and during trial appellant was in
jail for 27 days and he never misused the liberty given by
the trial Court, and appeal is likely to take considerable
time. Hence, it is prayed that I.A. No. 01/2024 may be
allowed and the appellant may be released on bail.
On the other hand, learned State counsel opposes the
application for suspension of sentence and grant of bail. He
further submits under Section 8 & 12 of POCSO Act, the
maximum sentence is 3 years, at this stage, he may not be
released on bail.
In pursuance of the order of this Court dated
05.12.2024, the victim along with her father appeared
through video conferencing from concerned DLSA before
this Court today and on being asked, they have opposed
the bail application of the appellant.
I have heard learned counsel appearing for the
parties.
Considering the totality of the facts, the learned trial
Court has convicted and sentenced the Appellant/accused
as mentioned above and the learned trial Court has
granted bail to the Appellant. Looking to the nature of
offence and sentence awarded to the Appellant, and the
Appeal is likely to take some time to be finalized, without
further commenting on merits of the case, I find it
appropriate to release the appellant on bail during the
pendency of this appeal.
The execution of substantive jail sentences imposed
upon the appellant shall remain suspended during the
pendency of this appeal and he shall be released on bail on
executing 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 17.02.2025. 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 disposal of this appeal.
List this case for final hearing in its chronological
order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.
