Pawan Markam vs State Of Chhattisgarh
2025 Latest Caselaw 979 Chatt

Chattisgarh High Court

Pawan Markam vs State Of Chhattisgarh on 7 January, 2025

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                                                                                                 NAFR

                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                  CRA No. 1316 of 2024
                   1 - Pawan Markam S/o Janakram Markam, Aged About 24 Years, R/o Pendarwa,
                   Bilha, P.S. Bilha, District- Bilaspur, Chattisgarh.
                                                                                           ... Appellant
                                                        versus
                   1 - State of Chhattisgarh Through P.S.- Bilha, District- Bilaspur, Chhattisgarh.
                                                                                      ... Respondent

07-01-2025 Mr. Chitendra Singh, Advocate for the Appellant.

Mr. Shashank Thakur, Deputy Advocate General for the State.

Pursuant to the order dated 12-08-2024 passed by the learned Single Bench, the present appeal has been listed along with CRA No.1417 of 2024.

As per the office report dated 04-01-2025, the notice issued to father (PW-1) of the victim has been served, but none has appeared on behalf of PW-1 to contest the application for suspension of sentence and grant of bail.

Heard on I.A. No. 01/2024, an application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted and sentenced by the impugned judgment dated 29-06-2024 passed by the learned Additional Sessions Judge/First F.T.S.C. (POCSO Act), Bilaspur District Bilaspur (C.G.) in Special Criminal POCSO Case No.

147/2022 in the following manner with a direction to run all the jail sentences concurrently:-

Conviction                 Sentence
U/s 363/34 of the IPC      RI for 3 years with fine of Rs. 500/-, in

default of payment of fine amount further R.I. for 1 month

U/s 366A/34 of the IPC RI for 3 years with fine of Rs. 500/-, in default of payment of fine amount further R.I. for 1 month

U/s 342 of the IPC RI for 01 year with fine of Rs. 500/-, in default of payment of fine amount further R.I. for 1 month Learned counsel for the appellant submits that the appellant has been granted interim bail by the learned trial Court as the maximum sentence is of three years which has been awarded to him for his conviction under Section 363/34 and 366A/34 of the IPC. Therefore, the application for suspension of sentence and grant of bail may be allowed.

On the other hand, learned counsel for the State opposes the prayer for suspension of sentence and grant of bail.

Considering the submissions made by learned counsel for the parties and the fact that the maximum jail sentence awarded to the appellant is of three years, I.A. No.01/2024 is allowed.

Accordingly, the substantive jail sentence awarded to appellant by the learned trial Court is hereby suspended. He shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 25-02- 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 by the said Court, interval being not less than 6 months, till final disposal of this appeal.

List this appeal along with CRA No.1417 of 2024.

                       Sd/-                                   Sd/-
         (Ravindra Kumar Agrawal)                        (Ramesh Sinha)
                   Judge                                  Chief Justice




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