Yad Ram Joshi @ Pintu vs State Of Chhattisgarh
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Chattisgarh High Court

Yad Ram Joshi @ Pintu vs State Of Chhattisgarh on 22 July, 2025

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                                                          ANNAJEE
                                                  A       RAO
                                                  ANNAJEE Date:
                                                  RAO     2025.07.23
                                                           11:24:36
                                                           +0530




             HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRA No. 1145 of 2025

        YAD RAM JOSHI @ PINTU versus STATE OF CHHATTISGARH

                              Order Sheet




22/07/2025

Mr. Sumit Singh, ounsel for the appellant.

Ms. Priya Sharma, Panel Lawyer, for the State.

On I.A.No.1/2025 for suspension of sentence and

grant of bail.

By the impugned judgment dated 14.05.2025 passed

by the learned Additional Sessions Judge (FTSC) (POCSO

Act) Balod, District Balod, C.G. in Special Sessions Trial

(Pocso) No. 75/2024, the appellant stands convicted and

sentenced as under :

U/s 74 of the IPC : RI for 5 years with fine amount of Rs.1000/-, in default of payment of fine, additional RI for 6 months.

U/s 10 of the : RI for 5 years with fine amount of POCSO Act Rs.1000/-, in default of payment of fine, additional RI for 6 months.

Learned counsel for the appellant would submit that

the FIR is delayed by almost 17 days and according to the

statement of prosecutrix, while picking up the child, the

appellant's hand automatically came in touch with her

chest. He further submits that looking to the facts emerged

from paras 6 to 10 of victim's court statement, there is quite

possibility of succeeding the appeal. It is further submitted

that the appellant was on bail during trial and did not

misuse the liberty granted to him and even after his

conviction, his jail sentence was temporarily suspended by

the trial Court so as to facilitate him to file appeal and get

bail from this Court. He further submits that the maximum

sentence awarded is R.I., for 5 years and the hearing of

appeal on merits is likely to take some time, therefore, the

jail sentence of the appellant may be suspended.

Per contra, learned State Counsel opposes the prayer.

Considering the fact that the appellant is on bail and

during trial, he was also on bail and did not misuse the

liberty granted to him and further looking to the statements

of prosecutrix as also the fact that there is no immediate

possibility of hearing this appeal on merits, I am inclined

to suspend the substantive jail sentence of the appellant.

Accordingly, I.A.No.1 is allowed and it is directed that

the execution of further substantive jail sentence of the

appellant shall remain suspended on his executing a

personal bond in sum of Rs.25,000/- with one surety in the

like sum to the satisfaction of the trial Court for his

appearance before the Registry of this Court on

09.10.2025. He shall thereafter appear before the 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 till the disposal

of this appeal.

Cc as per rules.

Sd/-

Rao                                       (Sanjay Kumar Jaiswal)
                                                   Judge