Chattisgarh High Court
Avtar Singh Panesar vs State Of Chhattisgarh on 31 July, 2025
1/3
Digitally signed
by BHOLA
NATH KHATAI
Date:
2025.08.01
10:21:47 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1389 of 2025
AVTAR SINGH PANESAR versus STATE OF CHHATTISGARH
Order Sheet
31/07/2025
Mr. Pushpendra Kumar Patel with Mr. Rakesh Kumar,
counsel for appellant.
Mr. Pranjal Shukla, P.L. for State.
Heard on I.A. No.01/2025, application under Section
430 of BNSS for suspension of sentence and grant of bail.
By the impugned judgment dated 07.07.2025 passed
by learned Additional Sessions Judge, Second Fast Track
Special Judge (POCSO), District Raipur (CG) in Special
Criminal Case No.74/2021, the appellant has been
convicted for the offence under Sections 354, 354(A)(1)(i)
of IPC and Section 8 of the Protection of Children from
Sexual Offences Act, 2012 and sentenced as under:-
Conviction Sentence
U/s 8 of the POCSO R.I. for 3 years and fine of Rs.
Act, 2012 500/-, in default of payment of
fine, additional R.I. for 1
month.
Learned counsel for appellant submits that the
appellant is innocent and he has been falsely implicated in
this case. He submits that the appellant remained in jail for
about 2 months and 7 days from 11.03.2021 to 18.05.2021.
He submits that during trial the appellant was on bail and
even after passing of the impugned judgment, he is on
bail. He further submits that the fine amount has already
been deposited, the maximum sentence imposed upon the
appellant is 3 years and there is no likelihood of the early
final disposal of this appeal, therefore, considering all these
facts the jail sentence of the appellant may be suspended
till the final disposal of the appeal.
On the other hand, learned State counsel opposes
the bail application.
No one appeared for the victim/complainant, despite
service of notice.
Considering the entire facts and circumstances of the
case, particularly the facts that the appellant is on bail, the
maximum sentence imposed upon the appellant is 3 years,
out of which he has already served the jail sentence for
about 2 months & 7 days and the final disposal of this
appeal is likely to take considerable time, the application
(I.A. No.01) is allowed. It is directed that the substantive
jail sentence imposed upon the appellant shall remain
suspended till final disposal of this case on his executing a
personal bond for a sum of Rs. 25,000/- with one surety for
the like sum to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 10th
September, 2025. He shall thereafter appear before the
concerned trial Court on a date to be given by the Registry
of this Court and thereafter, continue to appear before the
trial Court on all such subsequent dates as are given to him
by the said Court till disposal of this appeal.
Call for the records of the trial Court.
List the case for final hearing after 4 weeks.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
