CRLA/14/2022
2022 Latest Caselaw 1113 UK

                    Office Notes,
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         Date       or directions                         COURT'S OR JUDGES'S ORDERS
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      05.04.2022                     CRLA No. 14 of 2022
                                     Sri S.K. Mishra, A.C.J.
                                     Sri R.C. Khulbe, J.

Mr. Nandan Arya and Mr. M.S. Dhapola, learned counsel for the appellants.

Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State.

This is a Bail Application under Section 389 of

the Code of Criminal Procedure (hereinafter referred to

as "the Code"). The appellants have prayed for

suspension of sentence and grant of bail upon appeal.

The appellants have been convicted for the offence

under Section 5(g)/6 of the Protection of Children from

Sexual Offences Act, 2012 (for short "POCSO") and

sentenced to undergo twenty years' rigorous

imprisonment with a fine of Rs. 10,000/- (each) and in

default of payment of fine to undergo further one

year's additional imprisonment. They have been

further convicted for the offence under Section 506 of

the Indian Penal Code (for short "the IPC"), and

sentenced to undergo one year's rigorous

imprisonment with a fine of Rs.1,000/- (each) and in

default of payment of fine to undergo further one

month's additional imprisonment. All the sentences

were directed to run concurrently.

It is apparent from the record that the victim

boy was 12 years old. His statement is not supported

by the medical evidence in the sense that P.W. 1 Dr.

Prashant Auli, on external examination of the victim,

did not find any injury on his body, and he was sent

for further examination by the surgeon. Neither any

report is forthcoming, nor any witness has been

examined to prove such fact.

Moreover, it is stated by the victim that

immediately after occurrence, two boys of the hostel,

namely Manavjeet and Krishna, arrived at the sport.

But these two boys have not been examined by the

prosecution, and have been examined as defence

witnesses. They have stated nothing about the

occurrence. The appellants were on bail during the

course of trial and there is no allegation from the side

of the prosecution that they have misused the liberty

granted to them in any manner. Moreover, the

appellant no. 1 is a permanent resident of Village

Bhaundanda, Police Station Salt, District Almora, and

the appellant no.2 is the permanent resident of Village

Sarayikhet Talla Gawali, Police Station Salt, District

Almora. So, there is no reasonable apprehension of

their absconding from the process of justice. There is

no allegation on behalf of the prosecution that the

appellants will tamper with the prosecution evidence, if they are released on bail.

Accordingly, we are of the opinion that the

sentence of the appellants should be suspended, both

imprisonment and fine.

Hence, the Bail Application No. 01 of 2022 is

allowed. The sentence awarded to the appellants, both

imprisonment and fine, by the learned Special Judge

POSCO/Additional Sessions Judge/F.T.C., Haldwani,

District Nainital vide judgment and order dated

30.11.2021 and 01.12.2021 in Special Session Trial

No. 03 of 2019 is, hereby, suspended.

The appellants shall be released on bail, on such

terms and conditions as deemed just and proper by

the learned Trial Court in the aforesaid case.

Urgent certified copy of this order be supplied to

the learned counsel for the parties, as per Rules.

  (R.C. Khulbe, J.)             (S.K. Mishra, A.C.J.)
      05.04.2022                    05.04.2022

NISHANT