Chattisgarh High Court
Radheshyam Sahu vs State Of Chhattisgarh on 28 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 5 of 2025
Radheshyam Sahu S/o Anand Ram Sahu Aged About 55 Years Village
Mujgahan, Police Station Arjuni, District Dhamtari, Chhattisgarh
... Appellant
versus
State Of Chhattisgarh Station House Officer, Police Of Police Station Police
Station Arjuni, District Dhamtari, Chhattisgarh
... Respondent
Order Sheet
28/08/2025 Mr. Anil Kumar Gulati, counsel for the appellant.
Mr. Rajeev Bharat, Govt. Advocate for the State/
respondent.
Heard on IA No.02/2025, application under Section 430 of
the BNSS, 2023 for suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 17.12.2024 passed by the Upper Sessions
Judge, FTC, Dhamtari Distt. Dhamtari (CG) in Special Criminal
Case (POCSO) No.27/2024, the appellant has been convicted
and sentenced as under:-
Conviction Sentence Fine Default
u/s.
452 IPC RI for 06 Rs.500/- Imprisonment
months for 01 month
354 IPC RI for 01 Rs.1000/- Imprisonment
year for 03 months
08 of POCSO RI for 03 Rs.1000/- Imprisonment
Act years for six months
All the above sentences were directed to run concurrently.
This is the second application on behalf of the appellant for
suspension of sentence and grant of bail to him. First bail
application was dismissed on merit vide Order dated 21.01.2025
after granting liberty to revive his application after six months, if
the case is not decided.
Learned counsel for the appellant submits that the
appellant has been convicted for maximum sentence of 03 years
only on the basis of deposition of the interested witnesses as all
the material witnesses are family members. He further submits
that the appellant is in jail since 04.5.2024, i.e. from the date of
his arrest, thererby he has served almost half of his maximum
sentence awarded to him. Hence, it is prayed that application for
suspension of sentence may be allowed and sentence may be
suspended till disposal of this appeal.
On the other hand, learned counsel for the State opposes
the bail application on the ground that the appellant has been
convicted and sentenced on the basis of concrete evidence,
based on the deposition of the victim and supported by her family
members, hence, the bail application is liable to be rejected.
The victim along with her father is present through Video
Conferencing and they raised objection on application for
suspension of sentence and grant of bail to the appellant.
I have heard learned counsel for the parties and perused
the record carefully.
The appellant has been convicted on the basis of
deposition of the minor victim. Other two supporting witnesses
are her father and elder sister. Having considered the nature of
their deposition and further considering the fact that the appellant
is in jail for more than one year and three months and maximum
sentence awarded to him is three years, I feel inclined to allow
the application for suspension of sentence and grant of bail to the
appellant.
In view of above, I.A. No.02/2025, application under
Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for
suspension of sentence and grant of bail to the appellant is
allowed.
The substantive jail sentence imposed upon the appellant
by the learned trial Court is hereby suspended. He shall be
released on bail on his executing a personal bond in the sum of
Rs. 25,000/- with one surety of the like amount to the satisfaction
of the concerned trial Court for his appearance before the
Registry of this Court on 08.10.2025. He shall thereafter appear
before the concerned 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,
interval being not less than 6 months, till final disposal of this
appeal.
List this matter for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini
