Harish Chandrawanshi vs State Of Chhattisgarh
2025 Latest Caselaw 1484 Chatt

Chattisgarh High Court

Harish Chandrawanshi vs State Of Chhattisgarh on 28 January, 2025

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                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       Order Sheet

                                      CRA No. 857 of 2023

   Harish Chandrawanshi S/o Late Shri Govind Lal Chandrawanshi Aged About 25
   Years R/o Village- Medha, Thana - Dongargarh, District : Rajnandgaon, Chhattisgarh
                                                                      ... Appellant

                                            versus

   State Of Chhattisgarh Through The District Magistrate, Durg, District : Durg,
   Chhattisgarh
                                                                     ---- Respondent

28/01/2025 Heard Mr. Veer Verma, learned counsel for the appellant and

Mr. G.L. Uike , Panel Lawyer, appearing for the State/ respondent.

Heard on I.A. No.02/2025, second application under Section

430 of the BNSS, 2023 for suspension of sentence and grant of

bail to the appellant.

First application for suspension of sentence and grant of bail

I.A. No.01/2023, which was rejected vide order dated 02.07.2024.

Admit.

By the impugned judgment of conviction and order of sentence

dated 17.02.2023, learned Additional Sessions Judge, 4 th FTC,

Durg (C.G.), Special Court- POCSO Act, 2012 in Special Criminal

Case (POCSO) No.112/2019, has convicted and sentenced the

appellant as under:-

Conviction Sentence

Under Section 376(2)(n) of R.I. for 10 years with fine of Indian Penal Code Rs. 10,000/- in default of which additional R.I. for 01 year

Learned Counsel for the appellant has argued that the

appellant has been falsely implicated in the present case and

there is no evidence on record to connect the appellant with

commission of the offence. He has further argued that the

appellant is in jail since 17.02.2023 and the appeal is likely to take

some time for its conclusion, hence the appellant has filed the

instant application for suspension of sentence and grant of bail.

Learned State Counsel opposes the submission made by

learned counsel for the appellant.

I have heard learned counsel for the parties and perused the

records of the Court below.

Considering the facts and circumstances of the case and

particularly considering the fact that the present application I.A.

No.02/2025 is the second application for suspension of sentence

and grant of bail. First application for suspension of sentence and

grant of bail, i.e., I.A. No.01/2023 was dismissed on merits vide

order dated 02.07.2024 and at present there is no new ground to

entertain the present application, i.e., I.A. No.02/2025.

In the opinion of this Court, it would be appropriate to reject

the application for suspension of sentence and grant of bail, at this

stage.

Accordingly, I.A. No.02/2025 stands rejected.

List this appeal on tomorrow, i.e., 29.01.2025 before the

appropriate Bench for hearing on I.A. No.03/2025, application for

grant of interim bail/temporary bail.

Sd/-

(Arvind Kumar Verma) Judge

Vasant