Rajesh Dhivar @ Bandhu vs State Of Chhattisgarh
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Chattisgarh High Court

Rajesh Dhivar @ Bandhu vs State Of Chhattisgarh on 26 August, 2025

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                      HIGH COURT OF CHHATTISGARH AT BILASPUR



                                     CRA No. 1478 of 2025


             Rajesh Dhivar @ Bandhu S/o Dhaniram Dhivar Aged About 22 Years R/o
             Birkona Misirpara, P.S. Koni, District- Bilaspur, Chhattisgarh.
                                                                       ... Appellant (s)

                                              versus

             State Of Chhattisgarh Through- Station House Officer, Police Station Koni,
             District- Bilaspur (C.G.)
                                                                   ... Respondent(s)

26/08/2025 Ms. Seema Singh, counsel for the appellant.

Ms. Laxmeen Kashyap, Panel Lawyer for the State. Pursuant to notice issued, mother of victim is present in the Digitally signed by PRAVEEN KUMAR Court in person.

SINHA
Date:                           Heard on IA No.1 which is an application for suspension of
2025.08.28
10:43:43
+0530                     sentence and grant of bail.

Appellant has been convicted under Sections 354 of IPC

and Section 9 (m)/10 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo maximum jail sentence of 5 years vide judgment of conviction and order of sentence dated 03.07.2025 passed in Special Sessions Trial No. 100 of 2024 by learned Additional Sessions Judge/ First FTSC (POCSO Act), Bilaspur (CG).

Learned counsel for the appellant submits that appellant is in jail since 1 year and and 2 months. There is no other criminal antecedent of appellant. Hence, application for suspension of sentence and grant of bail may be allowed.

On the other hand, learned counsel for the State opposes the submission of learned counsel for the appellant. He submits that there is specific evidence against appellant of commission of offence. Victim, minor child aged about 12 years, in her deposition, stood firm with allegation leveled by her in her statement under Section 164 of Cr.P.C.

Mother of the victim who is present in the Court raises objection on suspension of sentence and grant of bail to appellant.

Considering the submission of learned counsel for the respective parties, deposition of PW 1 victim and PW2 mother of victim, I do not consider present to be an appropriate case to suspend the substantive jail sentence imposed on the appellant.

IA No.1, application for suspension of sentence and grant of bail is accordingly rejected.

Sd/-/-/---/-/-

(Parth Prateem Sahu) Judge Praveen