Bhekhlal Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 7145 Chatt

          HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                               CRA No. 130 of 2022

Bhekhlal Sahu, S/o. Dukalu Sahu, Aged About 32 Years, R/o. Uparwah, P.S.
Ghumka, District- Rajnandgaon, Chhattisgarh.

                                                                       ---- Appellant
                                     Versus
State Of Chhattisgarh, Through- Station House Officer, Police Station- Ghumka,
Rajnandgaon, District- Rajnandgaon, Chhattisgarh.

                                                                     ---- Respondent

29.11.2022 Mr. Vinod Kumar Tekam, Advocate for the Appellant.

Mrs. Meena Shastri, Addl. A.G. with Ms. Ruchi Nagar, Dy. Govt.

Advocate for the State.

Heard on I.A.No.1, application for suspension of sentence and

grant of bail.

The appellant has been convicted by the judgment dated

15.12.2021 passed by the learned Court below in Special Criminal

(POCSO) Case No. 45/2020 in the following manner with a direction

to run both the sentences concurrently.

Conviction Sentence

U/s. 376 (A) (B) of I.P.C. : R.I. for 20 years and fine of Rs.5,000/- in default of payment of fine, 1 year additional R.I.

U/s. 6 of POCSO Act, : R.I. for 20 years and fine of 2012. Rs.5,000/- in default of payment of fine, 1 year additional R.I.

Learned counsel for the appellant submits that the appellant has

been falsely implicated as he has not committed any offence. He further submits that the trial Court by recording perverse finding has

convicted the appellant and the appeal will take some time for

hearing; therefore, the appellant may be released on bail.

Per contra, learned State counsel opposes the prayer for

suspension of sentence and grant of bail. He submits that appellant

has rightly been convicted by the trial Court for the aforesaid offence

by considering the admissible evidence available on record.

Taking into consideration the age of the victim and statement of

the victim (PW-1) and considering the material available on record,

we do not find that it is a fit case to suspend the sentence and grant

bail to the appellant. Accordingly, I.A.No.1 is rejected.

                    Sd/-                                       Sd/-
              (Sanjay K. Agrawal)                      (Rakesh Mohan Pandey)
                   Judge                                      Judge




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