Ramdhari Singh vs State Of Chhattisgarh
2025 Latest Caselaw 3798 Chatt

Chattisgarh High Court

Ramdhari Singh vs State Of Chhattisgarh on 17 April, 2025

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                                                                                                 NAFR

                                  HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                  CRA No. 199 of 2024

                   1 - Ramdhari Singh Son of Hansrai Singh, Aged About 25 Years, Resident of
                   Village Rampur, P.S. - Ramanujnagar, District - Surajpur, Chhattisgarh.
                                                                                             ... Appellant
                                                         versus
                   1 - State of Chhattisgarh Through - Station House Officer, Police Station
                   Ramanujnagar, District - Surajpur, Chhattisgarh.
                                                                                             ...Respondent

17-04-2025 Ms. Monika Dey, Advocate for the appellant.

Mr. Gorelal Uikey, P.L. for the respondent/State. Heard on admission.

Admit.

Record of the trial Court has already been received. Also heard on I.A. No. 01/2024, which is an application under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 29-11-2023 passed by the learned Additional Sessions Judge Fast Track Special Court, Surajpur, District Surajpur (C.G.) in Special S.T. No. 53/2021 the appellant has been convicted and sentenced in the following manner with a direction to run all the jail sentences

Conviction Sentence U/s 454 of the IPC R.I. for 3 years and fine of Rs.200/-, in default of payment of fine additional R.I. for 4 months, U/s 354 of the IPC R.I. for 3 years and fine of Rs.200/-, in default of payment of fine additional R.I. for 4 months, U/s 08 of Protection of R.I. for 4 years and fine of Rs.200/-, in Children from Sexual default of payment of fine additional R.I. Offences Act, 2012 (in for 6 months.

short 'POCSO Act')

Learned counsel for the appellant would submit that the total period of sentence awarded to the appellants is of four years, out of which the appellant had already served about 2 years of his jail sentence. There are material omissions and contradiction in the evidence of the victim and other witnesses. During the trial the appellant was on bail. The appeal is of year 2024 and it will take its own time for final adjudication. Therefore, the appellant may be released on bail.

On the other hand, learned counsel for the State opposes.

Considering the submission made by the learned counsel for the parties and further considering nature of allegation and also the fact that the appellant has already undergone about 2 years of his jail sentence, further taking into consideration evidence of the victim PW- 3 and that the present appeal will take its own time for final adjudication, I am inclined to release the appellant of bail.

Accordingly, I.A. No.01/2024, application for suspension of sentence and grant of bail is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of this appeal and he shall be released

on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 18- 06-2025 and thereafter he shall appear before the concerned trial Court on a date to be fixed 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 disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) Judge

Aadil