Santosh Das Mahant vs State Of Chhattisgarh
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Chattisgarh High Court

Santosh Das Mahant vs State Of Chhattisgarh on 13 February, 2025

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                                                                                      NAFR

                              HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                 CRA No. 1932 of 2024

                      1 - Santosh Das Mahant S/o Late Pardeshi Das Mahant Aged About 28
                      Years R/o Near Ganesh Chowk, Patharripara, Police Station Civil Line
                      Rampur, Korba, District : Korba, Chhattisgarh
                                                                              ... Appellant

                                                        versus

                      1 - State of Chhattisgarh Through Station House Officer, Police Station
                      Civil Line Rampur, Korba, District : Korba, Chhattisgarh
                                                                               ... Respondent

Order Sheet

13/02/2025 Mr. Dharmesh Shrivastava, Advocate for the Appellant.

Ms. Sunita Sahu, PL for the State.

Heard on I.A.No.1/2024, application under Section

430 of BNSS for suspension of sentence and grant of bail.

The appellant stands convicted under Section 12 of the

POCSO Act, 2012 and sentenced to undergo R.I. for 06 Digitally signed by

months and to pay fine of Rs.5000/- with usual default ASHUTOSH ASHUTOSH MISHRA MISHRA Date:

2025.02.14 14:22:14 +0530

stipulation vide judgment dated 15/10/2024 passed by the

Additional Sessions Judge FTSC (POCSO), Korba, District

Korba, C.G. in Special Case (POCSO) No.12/2023.

Learned counsel for the appellant would submit that

the appellant was on bail during the trial and still he has

been granted bail by the trial Court and the sentence

awarded is only for six months and the appeal will take

some time for hearing on merits, therefore, the substantive

jail sentence imposed upon the appellant may be suspended

and he may be released on bail.

Per contra, learned State counsel opposes the prayer

for suspension of sentence and grant of bail.

Considering the short sentence and the fact that the

appellant was on bail during trial and still he is on bail and

the appeal will take some time for hearing, I am inclined to

suspend the sentence and release the appellant on bail.

Accordingly, I.A.No.1/2024, application under

Section 430 of BNSS for suspension of sentence and grant

of bail is allowed.

Execution of further substantive jail sentence

imposed on appellant shall remain suspended and they are

directed to be released on bail on each of them executing a

personal bond for a sum Rs.10,000/- with one surety for the

like sum to the satisfaction of the Trial Court for their

appearance before the Registry of this Court on 15/04/2025.

He shall thereafter appear before the 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

them by the said Court, till the disposal of this appeal.

SD/-

(Arvind Kumar Verma) Judge

ashu