Raju Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 384 Chatt

Chattisgarh High Court

Raju Sahu vs State Of Chhattisgarh on 7 July, 2025

                                                     1




                          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                         CRA No. 805 of 2025

                    1 - Raju Sahu S/o Dayaram Sahu Aged About 45 Years R/o
                    Baikunth Dham Mandir, Ward No.-22, Pole No.- 42/1,
                    Quarter No.- 14/16, P.S. - Chawani, Tehsil And District -
                    Durg (C.G.).
                                                                         ... Appellant
                                                   versus
                    1 - State Of Chhattisgarh, Through - The Station House
                    Officer, Police Station - Vaishali Nagar, District - Durg (C.G.).
                                                                      ... Respondent

07/07/2025 Mr. Aman Tamrakar, counsel for the appellant.

Mr. Vivek Sharma, P.L. for the State/respondent. Mr. P. Chetan Kumar, counsel for the victim/objector.

Heard on I.A. No.01/2025, application under Section 430 of B.N.S.S. for suspension of sentence and grant of bail.

By the impugned judgment dated 15.02.2024 passed by learned Additional Sessions Judge, 4th Fast

Track Special Court, Durg (C.G.) in Special Criminal Case (POCSO) No. 104/2023, whereby the appellant has been convicted for the offence punishable under Section 341 of IPC & Section 8 of POCSO Act and sentenced as under:-

  Conviction                           Sentence
U/s 341 of IPC S.I. for 1 month.
U/s      8      of R.I. for 5 years and fine of Rs. 500/-, in
POCSO Act          default     of    payment   of   fine   amount
                   additional R.I. for 1 year.

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case, and there is no material evidence against the appellant. He also submits that the appellant is in jail since 08.07.2023 and has already served the jail sentence of 2 years and 13 days, and the conclusion of this appeal is likely to take considerable time. Therefore, the jail sentence of the appellant may be suspended till the final disposal of the case and he may be granted bail.

On the other hand, learned State counsel opposes the bail application and submits that the appellant has 16 criminal antecedents under the Gambling Act. The appellant committed a heinous offence with the minor victim; therefore, he may not be enlarged on bail.

Learned counsel for the victim/objector also opposes the bail and submits that the appellant, aged about 45 years, committed a heinous crime with a

minor girl who was 12 years old only, at the time of the incident.

Considering the facts and circumstances of the case, and also considering the evidence collected by the prosecution against the appellant and the nature of the crime, at this stage, without commenting on the merits of the case, I am not inclined to suspend the jail sentence of the appellant.

Accordingly, the application (I.A. No. 01/2025) is rejected.

Record has already been received. List this case for final hearing after three weeks.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu