Chattisgarh High Court
Ravi Koreti vs State Of Chhattisgarh on 30 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1839 of 2024
• Ravi Koreti, S/o Tilak Koreti, Aged About 32 Years, Resident Of Village
Bhanwarmara, Police Station Mangchuwa, District Balod (C.G.).
... Appellant
versus
• State Of Chhattisgarh, Through The Station House Officer, Police Station
Mangchuwa, District Balod (C.G.).
... Respondent
(Cause title taken from Case Information System)
Order Sheet
30/01/2025 Mr. Dashrath Kushwaha, counsel for the appellant.
Mr. Keshav Prasad Gupta, G.A. for the State/respondent.
This is an admitted appeal.
Heard on I.A. No.1/2024, application under Section 430 of
B.N.S.S. for suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 05.08.2024 (Annexure-A/1) passed by the learned
Special Judge (Protection of Children from Sexual Offences Act,
2012) Balod, District Balod (C.G.) in Special Sessions Case
No.46/2022, appellant has been convicted and sentenced as
under :-
S.No. Conviction Sentence
01. U/s. 354 of Indian R.I. for 3 years with fine of
Penal Code, 1860 Rs.1,000/- and in default of
payment of fine, additional
R.I. for 6 months.
02. U/s. 8 of Protenction R.I. for 3 years with fine of
of Children from Rs.1,000/- and in default of
Sexual Offences Act, payment of fine, additional
2012 R.I. for 6 months.
Both the sentences are directed to run concurrently
Learned counsel for the appellant would submit that
appellant was on bail during trial and never misused the same. It is
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. He further submits
that victim was minor on the date of incident has not been proved
conclusively by the prosecution. It is further submitted that appellant
has a good case to get success in appeal. Therefore, he prays that
application for suspension of sentence of the appellants may be
allowed.
Per contra, learned State counsel opposes the application for
suspension of sentence and grant of bail to the appellant.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration the facts of the case, particularly
considering the short term sentence imposed upon the appellant
and further considering the fact that appellant was on bail during
trial, hence, I feel inclined to allow the application for suspension of
sentence and grant of bail to the appellant.
I.A. No.1/2024, application under Section 430 of B.N.S.S. for
suspension of sentence and grant of bail 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
04.03.2025. 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 thereafter.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI
DEEPTI JHA
JHA NIRALA
NIRALA Date:
2025.01.30
17:59:21
+0530
