Punidas Dinkar vs State Of Chhattisgarh
2025 Latest Caselaw 1319 Chatt

Chattisgarh High Court

Punidas Dinkar vs State Of Chhattisgarh on 20 January, 2025

                                                                  CRR No. 90/2025




                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   Order Sheet

                                  CRR No. 90 of 2025

1 - Punidas Dinkar S/o Jawahar Lal Dinkar Aged About 52 Years R/o Village Devtara,
P.S. Takhatpur, District Bilaspur (C.G.)
                                                      ... Petitioner(s)

                                           versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Civil Line
Bilaspur, District Bilaspur (C.G.)                        ----Respondent

20/01/2025 Heard Mr. Pradeep Kumar Jogi, learned counsel for

applicant. Also heard Ms. Priya Sharma, learned Panel Lawyer

appearing for Respondent-State, on the instant application for

suspension of sentence and grant of bail i.e. I.A. No. 1 of 2025.

By the impugned judgment of conviction and order of Digitally signed by JYOTI JHA Date:

sentence dated 07.01.2025, learned Upper Sessions Judge 2025.01.22 14:58:03 +0530

Second Fast Track Special Court (POCSO Act), Bilaspur (C.G.)

in Criminal Appeal No. 168/2022, has convicted and sentenced

the applicant as under:-

Conviction u/S Sentence

354 (D) of Indian Penal S.I. for 6 months with fine of Rs.

Code 1000/- in default of which additional R.I. for six months.

452 of Indian Penal Code S.I. for 6 months with fine of Rs.

1000/- in default of which additional R.I. for six months.

Both the sentences are to be run concurrently

Learned Counsel for Convict/applicants has argued that

the maximum sentence which has been awarded to the

applicant is of 6 months. He submits that there are so many

contradictions, omission and additions in the statement of the

prosecution witnesses. He is in jail since 07.01.2025. The

appeal is likely to take sometime for its final disposal, therefore

he may be released on bail.

On the other hand, learned State Counsel opposes the bail

application.

Considering the totality of the facts, in particular the short

sentence awarded to the applicant and he has not misused the

liberty granted by the concerned Court, without further

commenting on merits, I am of the opinion that present is a fit

case to suspend the jail sentence imposed upon the applicant.

Accordingly, the substantive jail sentence imposed upon the

applicant by the learned Sessions Court is hereby suspended.

The applicant shall be released on bail on his executing a bail

bond of Rs. 10,000/- with one surety in the like amount to the

satisfaction of the concerned Sessions Court for his

appearance before the Registry of this Court on 03.03.2025.

Thereafter, He shall appear before the concerned Sessions

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.

Consequently, IA No. 1 of 2025 stands allowed.

List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti