Chattisgarh High Court
Nikhil Rathore vs State Of Chhattisgarh on 9 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1879 of 2024
• Nikhil Rathore, S/o Ashok Rathore, Aged About 19 Years, R/o Village
Bhadaura, Police Station Gaurela, District Gaurela-Pendra-Marwahi,
Chhattisgarh.
... Appellant
versus
• State Of Chhattisgarh, Through Station House Officer, Police Station
Gaurela, District Gaurela-Pendra-Marwahi, Chhattisgarh.
... Respondent
(Cause title taken from Case Information System)
Order Sheet
09/01/2025 Mr. Yogendra Chaturvedi, counsel for the appellant.
Mr. Keshav Gupta, G.A. for the State/respondent.
Heard on I.A. No.1/2024, application for suspension of
sentence under 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023
and grant of bail to the appellant.
By the impugned judgment of conviction and order of
sentence dated 26.09.2024 passed by the learned Special Upper
Sessions Judge, Pendra-road, District Bilaspur (C.G.) in Special
Sessions Case No.35/2022, appellant has been convicted and
sentenced as under :-
S.No. Conviction Sentence
01. U/s. 16 read with R.I. for 3 years and fine of
Section 17 of the Rs.500/-, in default of
Protection of Children payment of fine amount,
from Sexual Offences additional R.I. for 3
Act, 2012. months.
Learned counsel for the appellant submits that the appellant
has a good case in appeal. He further submits that during trial,
appellant was on bail and never misused the same. It is further
submitted that only role of the appellant was that he dropped main
accused and victim/prosecutrix to the Bilaspur Railway Station from
their village. He further submitted that even after conviction of
appellant, jail sentence has been suspended by the trial Court and
maximum jail sentence has been awarded only upto 3 years,
therefore, he prays that application for suspension of sentence of
the appellant may be allowed and sentence may be suspended till
the decision of this appeal.
Per contra, learned State counsel opposes the application for
suspension of sentence and grant of bail to the appellant.
On being notice issued to the victim/prosecutrix/her guardian
(grandmother) appeared and raised strong objection in releasing the
appellant on bail.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration, short sentence, particularly
considering the fact that only role of the appellant was that he
dropped main accused and victim/prosecutrix (minor) from their
village to Bilaspur Railway Station, further considering that appellant
was on bail during trial and he has not misused the bail granted to
him and considering the totality of the facts, 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.1/2024, application for suspension
of sentence under 430 of the Bhartiya Nagrik Suraksha Sanhita,
2023 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
10.02.2025. 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.
Call for records of the concerned Special Court.
List this matter thereafter.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI JHA
DEEPTI NIRALA
JHA Date:
NIRALA 2025.01.09
16:57:44
+0530
