Chattisgarh High Court
Sanju Kumar Saitode vs State Of Chhattisgarh on 20 January, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No.1928 of 2024
• Sanju Kumar Saitode, S/o- Ganeshram Saitode, Aged- 20 years, R/o -
Village -Tihlipali, P.S. - Sarsiwan, District - Sarangarh-Bilaigarh (C.G.)
... Appellant
versus
• State Of Chhattisgarh Through : Station House Officer, Police Station -
Bhatgaon, District - Sarangarh- Bilaigarh (C.G.)
... Respondent
(Cause title taken from Case Information System)
Order Sheet
20/01/2025 Ms. Reena Singh, counsel for the appellant.
Ms. Anuradha Jain, Panel Lawyer for the State/respondent.
Heard.
Admit.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of
State/respondent, therefore, issuance of notice to it, is dispensed
with.
Also heard on I.A. No.1/2024, which is an application under
Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for
suspension of sentence and for grant of bail to the appellant.
By the impugned judgment of conviction and order of
sentence dated 13th September, 2024 passed by Upper Sessions
Judge, Fast Track Special Court (POCSO Act), Sessions Section,
Raigarh, District Sarangarh-Bilaigarh (C.G.) in Special Criminal
Case under the POCSO Act No. 13/2023 , the appellant has been
convicted and sentenced as under :-
S.No. Conviction Sentence
01. U/s. 363 of IPC Rigorous Imprisonment for
four years and fine of
Rs.500/-, in default of
payment of fine amount,
to further undergo
additional R.I. for 1 month.
02. U/s. 366 of IPC Rigorous Imprisonment for
five years and fine of
Rs.500/-, in default of
payment of fine amount,
to further undergo
additional R.I. for 1 month.
03. U/s. 4 (1) of Protection Rigorous Imprisonment for
of Children from Sexual 10 years and fine of
Offences Act Rs.1,000/-, in default of
payment of fine amount,
to further undergo
additional R.I. for 1 year.
All the jail sentences were ordered to run concurrently but
sentence for default of fine amount shall run separately in each
case.
Learned counsel appearing for the appellant submits that
there is no conclusive proof in respect of minority of the victim on
the date of incident. She further submits that it is a case of love
affair, but learned Special Court without dealing aforesaid facts in
its true perspective, particularly, age of the victim/prosecutrix, has
convicted the appellant for the aforesaid offences, hence, jail
sentence imposed upon the appellant may be suspended.
On the other hand, counsel for the State opposes the prayer
for grant of bail.
Today, father of the victim / prosecutrix appeared in person
before this Court through Video Conferencing from DLSA,
Sarangarh. He raised strong objection in respect of bail application
filed by the appellant.
I have heard learned counsel for the parties and perused the
record of the trial Court carefully.
Having considered the nature of evidence with regard to
age of victim/prosecutrix and further considering the fact that it is a
case of alleged love affair, 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 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 18.02.2025. 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.
List this matter after two weeks for final hearing.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit
AMIT Digitally signed
by AMIT KUMAR
KUMAR DUBEY
Date: 2025.01.22
DUBEY 10:50:02 +0530
