CRLA/277/2021
2023 Latest Caselaw 10 UK

                   Office Notes, reports,
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         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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                   Registrar's order with
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      02.01.2023
                                            CRLA No. 277 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate, for the applicant.

Mr. T.C. Aggarwal, Deputy Advocate General, along with Ms. Lata Negi, Brief Holder, for the State.

The applicant is a convict for the offences under Section 377 of IPC and Section 3(ka)/4 and Section 5(Da)/6 of the POCSO Act. On the culmination of the Special Sessions Trial No. 160 of 2019, State Vs. Aas Mohammad @ Chotu @ Bona, he has been directed to undergo a sentence of 10 years of rigorous imprisonment and a fine of Rs. 25,000/- has been imposed upon him for the offences under the POCSO Act.

Considering the fact, that the applicant after his arrest on 19.08.2019 continued to languishing in jail till he was released on bail by this Court vide its order dated 10.05.2021, he has been convicted and ever since the judgment of conviction dated 26.08.2021, he is languishing in jail.

So far as the offence under Section 377 of IPC is concerned, the same could not be said to have been apparently established in view of the medical report, which had been submitted by the doctors, who has examined the victim as no external injury was found and even in the supplementary medical report, which was submitted, the offence under Section 377 of IPC, apparently seems to be not made out.

In view of the aforesaid reasons, and particularly in the context of medical report submitted by the doctors, who have examined the victim coupled with the fact, that he has already served about 3 years of sentence, the applicant is directed to be released on bail subject to furnishing of his personal bond and two sureties, each of the like amount to the satisfaction of the Sessions Court concerned.

However, release of the applicant would be subject to the condition of depositing the penalty amount, as imposed upon him by the Sessions Court concerned by the judgment of conviction dated 26.08.2021.

Sharad Kumar Sharma, J.) 02.01.2023 Mahinder/