Supreme Court Grants Bail to Convict in Child Kidnapping and Assault Case
The Supreme Court of India has ruled in favor of Jeetu Khatik, a convict in a child kidnapping and assault case, granting him bail while his appeal remains pending. The decision overturns an earlier order by the Chhattisgarh High Court that had denied his plea for suspension of sentence.
Background of the Case
The case pertains to the alleged kidnapping and molestation of a 9-year-old girl in the Koriya district of Chhattisgarh. The appellant, Jeetu Khatik, was convicted by the Additional Sessions Judge (F.T.C.), Manendragarh, and sentenced under multiple sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Key Details
- The trial court found that the appellant kidnapped the minor victim with the intention to outrage her modesty.
- As per the prosecution, the appellant grabbed her hand and attempted to forcefully take her away from the road.
- The victim managed to free herself and ran away while shouting.
- Following the incident, the appellant was arrested and put on trial under multiple charges.
Convictions and Sentences
| Charge | Sentence |
|---|---|
| Section 363 IPC (Kidnapping) | 2 years of rigorous imprisonment and ₹500 fine |
| Section 354 IPC (Outraging Modesty) | 2 years of rigorous imprisonment and ₹500 fine |
| Section 8 of POCSO Act | 3 years of rigorous imprisonment and ₹500 fine |
The trial court ruled that all sentences would run concurrently.
Arguments of the Appellant (Jeetu Khatik)
- The defense argued that the trial court overlooked contradictions in the victim’s testimony.
- During the trial, he was on bail and had not misused his liberty.
- After his conviction, he was granted bail for a limited period, which further demonstrated his adherence to court conditions.
- The disposal of his criminal appeal was expected to take time, and denying him bail would result in him serving a significant portion of his sentence before the appeal was even heard.
Arguments of the Respondent (State of Chhattisgarh)
- The state opposed the bail request, emphasizing the seriousness of the offense committed against a minor.
- The prosecution highlighted that the High Court had reviewed all evidence before rejecting his bail plea.
- It relied on the precedent set in Preet Pal Singh v. State of U.P. & Anr. (2020) 8 SCC 645, arguing that there was no compelling reason to grant bail after conviction.
Supreme Court’s Ruling
The Supreme Court, comprising Justices Dinesh Maheshwari and Aniruddha Bose, ruled in favor of the appellant.
1. Short Sentence and Long Trial Process
The Court acknowledged that the appellant had been sentenced to only three years of imprisonment, and the appeal process could take much longer.
“If the appeal is not heard in due course and the appellant serves out his sentence, then even a potential acquittal would not undo the deprivation of liberty.”
2. Need for Special Consideration in Bail Applications
The Court found that in cases where the sentence is relatively short and appeals are pending for years, bail should be granted in the interest of justice.
“For an appellant who has already served a significant part of his sentence, continued incarceration serves no practical purpose.”
3. Absence of Adverse Jail Conduct
The Court noted that there was no evidence of any misconduct by the appellant while in custody, strengthening his case for bail.
4. Distinction Between Bail Before and After Conviction
The Court clarified that post-conviction bail requires special reasons but pointed out that strictness should not be misapplied when the appeal is likely to be delayed.
5. Suspension of Sentence
The Supreme Court ordered that the execution of the appellant’s remaining sentence be suspended during the pendency of his appeal before the High Court.
Final Judgment
- The Supreme Court allowed the appeal.
- The order of the Chhattisgarh High Court was set aside.
- The appellant was granted bail during the pendency of his appeal.
- He was directed to be released on bail on terms and conditions imposed by the Trial Court.
Impact of the Judgment
- Sets a precedent for granting bail in short-term sentences when appeals are pending for long periods.
- Ensures that convicts are not forced to serve their entire sentence before the appeal process is complete.
- Reaffirms the principle that justice must balance the right to appeal with the need for punishment.
Conclusion
The Supreme Court’s ruling in Jeetu Khatik vs. State of Chhattisgarh highlights the importance of fair treatment in post-conviction bail cases. By recognizing the lengthy judicial process and the limited nature of the sentence, the Court has ensured that the appellant’s right to appeal is not rendered meaningless due to prolonged incarceration.
Petitioner Name: Jeetu Khatik.Respondent Name: State of Chhattisgarh.Judgment By: Justice Dinesh Maheshwari, Justice Aniruddha Bose.Place Of Incident: Koriya, Chhattisgarh.Judgment Date: 11-04-2022.
Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!
Download Judgment: jeetu-khatik-vs-state-of-chhattisgar-supreme-court-of-india-judgment-dated-11-04-2022.pdf
Directly Download Judgment: Directly download this Judgment
See all petitions in Bail and Anticipatory Bail
See all petitions in Juvenile Justice
See all petitions in SC/ST Act Case
See all petitions in Judgment by Dinesh Maheshwari
See all petitions in Judgment by Aniruddha Bose
See all petitions in allowed
See all petitions in supreme court of India judgments April 2022
See all petitions in 2022 judgments
See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category
