CRLA/695/2023
2023 Latest Caselaw 2983 UK

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                                 CRLA No695 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Suresh Kumar Mishra, learned counsel for the appellant/ applicant. Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Admit the appeal.

Summon the LCR.

The proceeding was carried by way of SST No.114 of 2019, "State Vs. Chhotu Kumar Mishra" wherein the appellant was initially tried for the offences under Section 363, 366, 376 of the IPC and Section 6 of the POCSO Act. But, ultimately, on culmination of the judgment of conviction dated 19.09.2023, he has been convicted for the offences under Section 363 and 366 of the IPC, wherein he has been directed to undergo 2 years and 3 years of rigorous imprisonment respectively for the two offences.

Learned counsel for the applicant submits that none of the offences, for which he has been convicted, it could be said to be made out against him, because, if at all, there was a probability of involvement of the present applicant in commission of offences, it has to be read in consonance to the principal proceedings, which was drawn under the other co-related offences, coupled with the fact, he submits that there is no substantial ground or evidence which is available on record to convict the present applicant for the offences under Section 363 and 366 of the IPC, as well as the fact, that he was on bail during the course of trial and he has never misused the same.

Owing to the aforesaid fact, the appellant is directed to be released on bail, subject to furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Court concerned.

(Sharad Kumar Sharma, J.) 06.10.2023 Sukhbant