Daanveer Joshi vs State Of Chhattisgarh
2025 Latest Caselaw 767 Chatt

Chattisgarh High Court

Daanveer Joshi vs State Of Chhattisgarh on 25 July, 2025

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        signed by
        SOURABH
SOURABH PATEL
PATEL   Date:
        2025.07.25
        17:22:43
        +0530




                          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                            CRA No. 1335 of 2025s


                     1 - Daanveer Joshi S/o Durvasha Ram Joshi, Aged About 39
                     Years, R/o Village Raipura Police Station Daudilohara District-
                     Balod, Chhattisgarh.
                                                                           ... Appellant
                                                      versus


                     1 - State Of Chhattisgarh Through Police Station Daudilohara,
                     District- Balod, Chhattisgarh.
                                                                       ... Respondent

Order Sheet

25/07/2025 Mr. Sabyasacchi Bhaduri, Advocate for the Appellant.

Mr. Vivek Sharma, P.L. for the State. Heard on admission.

Admit.

Also heard on I.A. No. 01/2025, application under Section 430 of BNSS, 2023 for suspension of

sentence and grant of bail.

By the impugned order dated 16.05.2025 passed by the learned Additional Sessions Judge, FTSC, (POCSO ACT), Balod, District-Balods (C.G.) in Special Session Case No. 38/2022, the appellant has been convicted and sentenced as mentioned below :

Conviction Sentence Offence under Section R.I. for 02 years and fine of 354-C of IPC Rs.1,000/-, in default of payment of fine amount further R.I. for 03 months.

Offence under Section S.I. for 01 year and fine of 509 of IPC Rs.1,000/-, in default of payment of fine amount further S.I. for 01 month.

(Both the sentences shall run concurrently)

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. It is further submitted that the appellant is on bail from the date of judgment of the conviction and sentence. The short sentence i.e., R.I. for 02 years has been awarded to the appellant out of which he has already served the jail sentence of about 12 days during trial, the appeal is likely to take considerable time for final disposal, therefore, it is prayed that I.A. No. 01/2025 may be allowed and

the jail sentence of the appellant may be suspended till the final disposal of the case.

On the other hand, learned State counsel opposes the bail application.

I have heard learned counsel appearing for the parties and perused the material available on record.

Considering the facts and circumstances of the case and the fact that the appellant is on bail and the short sentence awarded to the appellant i.e., RI for two years out of which he was already remained in jail for about 12 days during trial, and the final disposal of this appeal is likely to take considerable time, therefore, this Court deems it appropriate to suspend the jail sentence of the appellant during the pendency of this appeal.

Accordingly, the I.A. No. 01/2025 is allowed. The execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal on executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 25.09.2025. 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

disposal of this appeal.

Record of the trial Court has been received. List this matter after four weeks.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Sourabh P.