Shambhu Bin vs State Of Chhattisgarh
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Chattisgarh High Court

Shambhu Bin vs State Of Chhattisgarh on 21 February, 2025

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                                                                        SAURABH
                                                                SAURABH YADAV
                                                                YADAV   Date:
                                                                        2025.02.22
                                                                        11:31:18
                                                                        +0530




             HIGH COURT OF CHHATTISGARH AT BILASPUR

                         CRA No. 1284 of 2021

    Shambhu Bin S/o Janglu Bin, aged about 47 years R/o Village:

    Mashi Saraiya, Kaumur Umapur Saraiya (Bihar) Present R/o

    Jhanda Chowk, Ramabhata, Police Station: Khamtarai, District :

    Raipur, Chhattisgarh

                                                             ... Appellant

                                    Versus

    State of Chhattisgarh Through S.H.O. Police Station: Khamtarai,

    Raipur, District : Raipur, Chhattisgarh

                                                           ... Respondent

21.02.2025 Mr. C.R. Sahu, Counsel for the appellant.

Mr. Ruhul Ameen, P.L. for the State.

Heard I.A. No. 3 of 2025, an application seeking

suspension of sentence and grant of bail under Section 439 of

Cr.P.C.

By virtue of the impugned judgment dated 29.01.2021

passed by learned Additional Sessins Judge, First Fast Track

Special Court, Raipur in Special Criminal Case No. 215 of

2020, the appellant who is the step father of the prosecutrix,

has been sentenced and convicted as under;

    CONVICTION             SENTENCE          FINE       IN DEFAULT
U/s 6 of the POCSO,        20 years RI   Rs. 50,000/- 1 year further
Act 2012                                                    RI
U/s 376 (2) (च) of IPC     10 years RI   Rs. 10,000/-    3 months
                                                         further RI
U/s 376 (2) (ढ) of IPC     10 years RI   Rs. 10,000/-    3 months
                                                         further RI
              All sentences to run concurrently.

Learned counsel appearing for the appellant submits

that the appellant is innocent and has been falsely implicated

in connection with the alleged crime. It is contended further

that the appellant is in jail since 14.12.2020 and has

completed more than 4 years of jail sentence, therefore, he

may be released on bail, as the appeal will take considerable

time for its final disposal.

On the other hand, learned counsel for the

respondent/State submits that the prosecutrix was minor

aged about 8 years 7 months old on the date of the

occurance of the alleged incident and has supported the

prosecution story specifically, therefore, the appellant who is

the step father of the prosecutrix, does not require to be

released on bail and the application as made, is liable to be

rejected.

Having considered the aforesaid contention of the

parties and considering further the age of the prosecutrix, who

was 8 years and 7 months old when the alleged offence was

committed by her step father, the appellant herein, vis-a-vis,

her statement, particularly paragraph 3 of her testimony, duly

supported by FSL report (Ex.P/29), we are not inclined to

enlarge him on bail.

Accordingly, I.A. No. 3 of 2025 is rejected.

                      Sd/-                            Sd/-
             (Sanjay S. Agrawal)             (Radhakishan Agrawal)
                 JUDGE                             JUDGE


Saurabh