Chattisgarh High Court
Lumesh Diwan vs State Of Chhattisgarh on 24 February, 2025
1/4
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 379 of 2025
1 - Lumesh Diwan S/o Late Khemu Diwan Aged About 25 Years R/o Village- Kurud,
Police Station-Panduka, District- Gariyaband (C.G.)
... Appellant(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station-Panduka,
District-Gariyaband (C.G.)
... Respondent(s)
Order on Board
24/02/2025 Mr. Krishna Kumar Dewangan, Counsel for the
appellant.
Ms. Vaishali Mahilong, Panel lawyer for the State.
Heard on admission as well as I.A. No. 01/2025,
an application under Section 430 of BNSS, 2023 for
suspension of sentence and grant of bail.
By the impugned judgment of conviction and
order of sentence dated 05.02.2025 passed in POCSO
Case No. 17/2023 by the learned Additional Sessions
Judge, Fast Track Special Court (POCSO & Rape
Cases), Gariyaband (C.G.) whereby the appellant has
been convicted as under:
Conviction Sentence
U/s 354 of IPC RI for 2 years and fine of
Rs. 1000/-, in default of
fine, additional RI for 1
month.
U/s 294 of IPC RI for 3 months and fine of
Rs. 500/-, in default of fine,
additional imp. For 20
days.
U/s 323 of IPC RI for 3 months and fine of
Rs. 500/-, in default of fine,
additional imp. For 20
days.
U/s 506 Part-I RI for 4 months and fine of
Rs. 500/-, in default of fine,
additional imp. For 1
month.
U/s 8 of POCSO RI for 3 years and fine of
Rs. 1000/-, in default of
fine, additional RI for 1
month.
Learned Counsel for the Appellant contended that
the appellant has prima facie good case in his favor
and he is hopeful to succeed on it. The appellant was
on bail during trial. The disposal of this Criminal Appeal
is likely to take long time. The appellant is ready to
abide by all the terms and conditions which may be
imposed by this Hon'ble Court while suspending the jail
sentence of the appellants.
Learned State Counsel objected the prayer
stating that in the judgment rendered by the Trial Court
all incriminating circumstances are against the
appellant which connects them 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 he has
not misused the liberty granted by the concerned Court
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 Appellants by the learned Trial Court
is hereby suspended. The appellants shall be released
on bail on their executing a bail bond of Rs. 10,000/-
with one surety in the like amount to the satisfaction of
the concerned Trial Court for their appearance before
the Registry of this Court on 10.03.2025. Thereafter,
they 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 final disposal
of this appeal.
Consequently, I.A. No. 01/2025 stands allowed.
Call for the records from the concerned Trial
Court.
List this case for final hearing in due course.
Sd/-
(Arvind Kumar Verma)
Judge
Madhurima
