Chattisgarh High Court
Vijay Singh @ Dholdhol vs State Of Chhattisgarh on 5 March, 2025
-1-
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 978 of 2023
Vijay Singh @ Dholdhol S/o Shri Sumen Singh Aged About 25 Years R/o
Majhbandha Bhandarpara, Police Station Baikunthpur, District : Koriya
(Baikunthpur), Chhattisgarh
... Appellant
versus
State Of Chhattisgarh Through District Magistrate Baikunthpur, District :
Koriya (Baikunthpur), Chhattisgarh
... Respondent
Order Sheet
Digitally 05/03/2025 Heard Mr. Keshav Dewangan, learned counsel for
signed by
PRAVEEN
KUMAR
SINHA
Date:
2025.03.06
the appellant and Ms. Monika Thakur, learned Panel
12:01:51
+0530
Lawyer, appearing for the State/respondent on the instant
application for suspension of sentence and grant of bail
(I.A. No. 02 of 2023).
By the impugned judgment of conviction and order of
sentence dated 12/01/2023 passed in Special Criminal
Case No.10 of 2022, the learned Additional Sessions
Judge (Fast Track Court) and Special Judge (under
POCSO Act, 2012) Baikunthpur, District- Koriya, C.G, has
convicted and sentenced the appellant in the following
manner:
Conviction Sentence Fine In default of
(Rigorous payment of
imprisonment) fine add.
R.I.
Section 354 of IPC - - -
Section 9 (m)/10 of 5 years Rs. 1000/- 1 month
the POCSO Act,
2012(wrongly
mentioned under
Section 5 (m)/10 of
POCSO Act, 2012)
Learned counsel for the convict/appellant argued that
the appellant has been sentenced to undergo RI for 5
years for the offence punishable under Section 9 (m)/10 of
the POCSO Act, out of which, he has already served out 2
years and 10 months of jail sentence. Appeal is likely to
take a couple of years or even more in its final disposal and
if the bail is not granted to the appellant, the present appeal
would become infructuous.
Learned counsel for the appellant relied upon the
judgment passed by the Hon'ble Apex Court in the matters
of Atul Alias Ashutosh vs. State of Madhya Pradesh
(2024) 3 SCC 663 and Nanhe Lal Verma vs. State of
Madhya Pradesh (Arising out of SLP (Criminal) No.
14769 of 2024) decided on 25.11.2024 wherein, the
Hon'ble Apex Court has held that when there is a fixed
term sentence and especially when the appeal is not likely
to be heard before completing entire period of sentence,
normally suspension of sentence and bail should be
granted.
Ms. Monika Thakur, learned Panel Lawyer,
appearing for the State opposes the prayer for grant of bail.
Considering the submissions advanced by the
learned counsel for the parties, further considering the law
laid down by the Hon'ble Apex Court in Atul Alias
Ashutosh (supra) and Nanhe Lal Verma (supra),
considering the fact that the appellant has already served
out more than half of the jail sentence awarded to him and
further considering that hearing of this appeal would take
prolonged period of time, if the bail is not granted to the
appellant, the present appeal would become infructuous,
as such, I deem it appropriate to allow the application for
suspension of sentence and grant of bail moved on behalf
of the appellant.
Accordingly, the substantive jail sentence awarded to
appellant by the learned trial Court is hereby suspended.
He shall be released on bail on his executing bail bond to
the satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on
28.04.2025. He shall thereafter appear before the
concerned 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,
interval being not less than 6 months, till final disposal of
this appeal.
Consequently, IA No. 02 of 2023 is allowed.
It is made clear that the observations made
hereinabove are only confined for disposal of aforesaid IA
filed in this appeal and it shall not be construed as an
expression of opinion of this Court on merits of the case.
List this matter for final hearing.
Certified copy, as per rules.
S Sd/-
(Ramesh Sinha)
Chief Justice
Praveen
