Manoj Dhiwar vs State Of Chhattisgarh
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Chattisgarh High Court

Manoj Dhiwar vs State Of Chhattisgarh on 13 February, 2025

                                                                                        NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 304 of 2025

Manoj Dhiwar S/o Shri Nandkumar Dhiwar, Aged About 36 Years R/o Village Sandi, P.S. -
Mandir Hasoud, District - Raipur (C.G.).
                                                                                 ... Appellant
                                           versus
State Of Chhattisgarh Through The Station House Officer (S.H.O.) P.S. - Arang, District - Raipur
(C.G.).
                                                                                ... Respondent

Order Sheet

13.02.2025 Mr. Palaash Jha, Counsel for the Appellant.

Ms. Prabha Sharma, Panel lawyer for the State.

Heard on admission as well as I.A. No. 01/2025, an application under Section 430 of Bharatiya Nagarik Suraksha Sanhita for suspension of sentence.

Admit.

By virtue of the impugned judgment of conviction and order of sentence dated 08.01.2025 passed in Special Criminal Case (POCSO) no. 56/2023 arising out of Cr. No. 06/2023 passed by the learned Additional Session Judge, First FTSC POCSO, Raipur C.G., whereby appellant has been convicted and sentenced as under:

Conviction Sentence

Under Section 354 of the R.I. for 01 year with fine of Rs. Indian Penal Code 1,000/- in default R.I. for 01 month.

Under Section 08 of R.I. for 03 year with fine of Rs. POCSO Act 1,000/- in default R.I. for 01 months.

Both the sentences to run concurrently. Learned Counsel appearing for the Appellant contended that the appellant has prima facie good case in their favor and he is hopeful to succeed on it. The appellant was in jail for 1year and 13 days and he has been wrongly convicted by the learned trial court. The disposal of this Criminal Appeal is likely to take long time. The appellant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the appellant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused which connects him with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned counsel for the parties and perused the record with utmost circumspection.

Considering the totality of the facts, in particular the short sentence awarded to the appellant and the period of detention without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the appellant by the learned trial court is hereby suspended. The appellant shall be released on bail on his executing a bail bond of Rs.10,000/- with one surety in the like amount to the satisfaction of the concerned Trial court for his appearance before the Registry of this Court on 10.03.2025. Thereafter, he shall 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 Trial Court, till the final disposal of this appeal.

Consequently, IA No. 01/2025 stands allowed. List this case for final hearing in its due course.

sd/-

(Arvind Kumar Verma) Judge

Alfiza