Lokesh Asati vs State Of Chhattisgarh
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Chattisgarh High Court

Lokesh Asati vs State Of Chhattisgarh on 6 March, 2025

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                                                                                PAWAN
                                                                                KUMAR
                                                                                JHA
                                                                               Digitally
                                                                               signed by
                                                                               PAWAN
                                                                               KUMAR JHA


            HIGH COURT OF CHHATTISGARH AT BILASPUR


                               CRA No. 1199 of 2023

•   Lokesh Asati S/o Ghanshyam Asati Aged About 32 Years R/o Singpur, Police Station
    Dehati, District Damoh (M.P.)
                                                                       ... Appellant

                                        versus

•   State of Chhattisgarh through Station House Officer, Police Station Bhatgaon District
    Balodabazar-Bhatapara (C.G.)
                                                                         ... Respondent

Order on Board

06.03.2025 By the impugned judgment of conviction and order of sentence dated

26.04.2023 passed in Special Cri. Case (POCSO) No. 69 of 2021, the

learned Additional Sessions Judge (FTSC) (POCSO Act), Balodabazar,

C.G. has convicted the appellant in the following manner:

                    Conviction under          Sentence         Fine        In Default of
                        Section              (Rigorous                    payment of fine
                                           Imprisonment)                     add. R.I.
                Section 363 of IPC        5 years          Rs. 500/-      06 months
                Section 366 of IPC        7 years          Rs. 1,000/-    06 months


  Section 18 of the POSCO 7 years             Rs. 1000/-   01 year
  Act, 2012

Heard Ms. Sonia Kuldeep, learned counsel for the appellant and Mr.

Hariom Rai, learned Panel Lawyer, appearing for the State/ respondent on

the instant application for suspension of sentence and grant of bail (I.A. No.

01/2023).

Learned counsel for convict/appellant submits that appellant has

been falsely convicted in the crime without there being any sufficient

evidence/ material available on record. Learned trial court has failed to

appreciate that victim PW-2 has turned hostile and not supported the case

of prosecution including other witnesses. It is further argued that the

maximum jail sentence to appellant under Section 366 of IPC and Section

18 of the POCSO Act is of 7 years R.I. out of which he has served sentence

of more than 2 years. Appellant is in jail since 26.04.2023, from the date of

judgment. Further the 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.

However, learned State counsel opposes the prayer of learned

counsel for appellant for grant of bail.

I have heard learned counsel for the parties and perused the bail

application.

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 Alia Ashutosh (Supra) and Nanhe Lal Verma (Supra), also

considering the fact that appellant has served more than 02 years of

sentence out of maximum jail sentence of 07 years. He was on bail during

trial and never misused the liberty granted by the Court below. Appeal may

take some time for final hearing and 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.

It is directed that substantive jail sentence awarded to appellant by

the learned trial court is hereby suspended. He shall be released on bail

upon furnishing a bail bond with one surety in the like sum to the

satisfaction of concerned trial Court, for his appearance before the Registry

of this Court on 08th April, 2025. Thereafter, he shall appear before the

concerned trial Court on the date given by the Registry of this Court and

shall continue to appear there on all subsequent dates, interval being not

less than 6 months, till disposal of this appeal.

Consequently, I.A. No. 01/2023 is allowed.

It is made clear that the observations made hereinabove are only

confined for disposal of aforesaid I.A. No. 01/2023 filed in this appeal and it

shall not be construed as an expression of opinion of this Court on the

merits of the case.

List this matter for final hearing before the appropriate Bench.

Certified copy as per rules.

Sd/-

(Ramesh Sinha) Chief Justice

/pwn