Lalman Singh vs State Of Chhattisgarh
2025 Latest Caselaw 3351 Chatt

Chattisgarh High Court

Lalman Singh vs State Of Chhattisgarh on 30 June, 2025

                                                     1




                          HIGH COURT OF CHHATTISGARH AT BILASPUR
                                         CRA No. 1060 of 2025

                    1 - Lalman Singh S/o Shri Gajroop Singh Aged About 26
                    Years R/o Village - Sundarpur Patelpara, P.S Sonhat, District
                    Koriya Chhattisgarh.

                                                                           ... Appellant

                                                 versus

                    1 - State Of Chhattisgarh Through Police Station Sonhat
                    District Koriya Chhattisgarh.

                                                                        ... Respondent

30.06.2025 Mr. Pushkar Sinha, counsel for the appellant.

Mr. Vivek Sharma, P.L. for the State/respondent. Heard on I.A. No.01/2025, application under Section 430(2) of B.N.S.S. for suspension of sentence and grant of bail.

By the impugned judgment dated 13.05.2025 passed by learned Special Judge (POCSO, Act), Baikunthpur, District - Koriya (C.G.) in Special Criminal Case No. 27/2024, whereby the appellant has

been convicted for the offences punishable under Section 74 and 75(2) of B.N.S. 2023 and sentenced as under:-

Conviction Sentence U/s 74 of BNS R.I. for 3 years and fine of Rs. 1,000/-, in default of payment of fine amount additional S.I. for 2 months.

U/s 75(2) of R.I. for 3 years and fine of Rs. 1,000/-, BNS in default of payment of fine amount additional S.I. for 2 months.

(Both the sentences were directed to run concurrently).

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 already on bail, and he has already deposited the fine amount imposed upon him, and only short sentence of 3 years has been awarded to the appellant out of which the appellant has already served the jail sentence of 60 days during trial, 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.

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

Considering the facts and circumstances of the case and also considering the fact that a short

sentence of 3 years has been awarded to the appellant for the aforesaid offences out of which he was already in custody for about 60 days during trial and the appellant is already on bail, the fine amount has already been deposited, and the final disposal of this appeal is likely to take considerable time, therefore, I am inclined to allow the application.

Accordingly, the application (I.A. No. 01/2025) 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 26th 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.

List this case after four weeks.

Certified copy as per rules.

Sd/-

(Sanjay Kumar Jaiswal) Judge H.L. Sahu