Sharad Karsh vs State Of Chhattisgarh
2025 Latest Caselaw 1664 Chatt

Chattisgarh High Court

Sharad Karsh vs State Of Chhattisgarh on 12 August, 2025

                                                   1




                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRA No. 1619 of 2025
                    1 - Sharad Karsh S/o Bodhan Karsh Aged About 24 Years R/o
                    Heerapur Ekta Nagar, Raigarh, Thana Kotwali Kotraroad,
                    District Raigarh C.G.
                                                                        ... Applicant
                                                 versus
                    1 - State Of Chhattisgarh Through Station House Officer,
                    Police Station- Chandrapur, District Sakti C.G.
                                                                      ... Respondent

12/08/2025 Mr. Hariom Rai, counsel for the appellant.

Ms. Binu Sharma, P.L. for the State/respondent. Heard on admission.

Admit.

Also heard on I.A. No.01/2025, application under Section 430(2) of BNSS for suspension of sentence and grant of bail.

By the impugned judgment dated 22.07.2025 passed by learned Additional Sessions Judge (FTC), Sakti, District - Janjgir-Champa (C.G.) in Special

Criminal Case (POCSO) No. 04/2024, whereby the

appellant has been convicted and sentenced as under:-

Conviction Sentence U/s 363 of IPC R.I. for 3 years and fine of Rs. 2,000/-, in default of payment of fine amount additional R.I. for 2 months.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case, and there is no material evidence against the appellant. He also submits that the present appellant has been convicted for the offence under Section 363 of the IPC and sentenced to undergo R.I. for 3 years only, whereas other co-accused persons have been convicted to higher imprisonment. The appellant was in jail from 02.01.2024 to 12.01.2024 during trial, and at present he is in jail since 22.07.2025 and the fine imposed upon him has already been deposited. The conclusion of this appeal is likely to take considerable time. Therefore, the jail sentence of the appellant may be suspended till the final disposal of the case, and he may be released on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case and also considering the fact that maximum sentence of 3 years has been awarded to the appellant for the aforesaid offence out of which the appellant has

already served the jail sentence of about 1 month, and the final disposal of this appeal is likely to take considerable time, therefore, I am inclined to allow the application.

Accordingly, I.A. No. 01/2025 is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended till final disposal of this case and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 13th October, 2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

Call for the records of the trial Court. List this case for final hearing in its chronological order.

Certified copy as per rules.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu