Aman Baghel @ Durgesh Bagh vs State Of Chhattisgarh
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Chattisgarh High Court

Aman Baghel @ Durgesh Bagh vs State Of Chhattisgarh on 4 April, 2025

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       Digitally
       signed by
       ASHISH
ASHISH TIWARI
TIWARI Date:
       2025.04.04
       17:18:43
       +0530




                                  HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                      Order Sheet
                                                Cr.A. No. 651 of 2019

                    Aman Baghel @ Durgesh Bagh S/o Sohan Bagh Aged About 19 Years R/o
                    Near Nehru Nagar Shiv Mandir, Kalibadi, Police Station- Kotwali, District Raipur
                    Chhattisgarh., District : Raipur, Chhattisgarh
                                                                                         --- Appellant
                                                           Versus
                    State Of Chhattisgarh Through The Station House Officer, Police Station
                    Kotwali, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
                                                                                      --- Respondent

04/04/2025 Shri Aditya Khare, Counsel for the appellant.

Ms. Yamini Kusey, Advocate appeared on behalf of

Shri M.P.S. Bhatia, Advocate for the victim/complainant.

Shri Abhishek Singh, P.L. for the respondent/ State.

Heard on I.A. dated 26/03/2025, an application for

suspension of sentence and grant of bail.

By the judgment dated 05.12.2018 passed by Special

Judge (POCSO), District - Raipur in Special Case POCSO No.

82/2018, the appellant has been convicted and sentenced as

under :-

                                             Conviction                Sentence
                                             Under    section    R.I. for 03 years and fine of



         363 of the Indian    Rs.1000/-,   in   default    of
         Penal Code.          payment of fine to further
                              undergo R.I. for 01 month.
         366 of the Indian    RI for 5 years and fine of
         Penal Code.          Rs.1000/-,   in   default    of
                              payment of fine to further
                              undergo RI for 01 months.

All sentences are directed to run concurrently.

Learned counsel for the appellant submits that initially the

sentence of the appellant was suspended by this Court vide it's

order dated 11/06/2020 and he was released on bail. Thereafter

due to unavoidable circumstances he could not appear before this

Court as directed. Therefore he was arrested and sent to Jail.

This Court was pleased to allow his second application for

suspension of sentence vide order dated 25/09/2023 and he was

further released on bail. Unfortunately due to unavoidable

circumstances he could not appear before this Court. Earlier on

couple of occasions he could not appear before this Court and

therefore in compliance of non-bailable warrant issued by this

Court, the appellant was again arrested and he is presently

serving his sentence in jail. He submits that one more opportunity

may be granted to the appellant by suspending his sentence and

allowing the application.

On the other hand State Counsel opposes the application.

Learned counsel for the complainant/victim appeared on

behalf of Shri M.P.S Bhatia, Advocate does not oppose the

application.

Considering the fact and circumstances of the case that

the appeal is of the year 2019 and final hearing of the appeal will

take some time, I am inclined to suspend the sentence of the

appellant and grant bail.

Accordingly, application for suspension of sentence

and grant of bail is allowed and it is directed that execution of

further substantive jail sentence of the appellant shall remain

suspended and he shall be released on bail executing a personal

bond in sum of Rs. 25,000/- with one surety in the like sum to the

satisfaction of trial Court for his appearance before the Registry of

this Court on 24th June, 2025. He shall thereafter appear before

the trial Court on a date to be given by the Registry of this Court

and shall continue to appear there on all such subsequent dates

as are given to him by the said court till the disposal of this

appeal.

Accordingly, I.A. dated 26/03/2025 is allowed.

List this case for final hearing in due course.

Sd/-

(Sachin Singh Rajput) Judge

Ashish