Ghasiyaram Sori (Vishwakarma) vs State Of Chhattisgarh
2025 Latest Caselaw 2350 Chatt

Chattisgarh High Court

Ghasiyaram Sori (Vishwakarma) vs State Of Chhattisgarh on 7 March, 2025

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                       Cr. A. No. 246 of 2025

      Ghasiyaram Sori (Vishwakarma) S/o Ranbhan Vishwakarma Aged
      About 23 Years R/o Garhadih, P.S. Shobha, Dist.- Gariyaband, C.G.
                                                              ... Appellant
                                       versus

      State of Chhattisgarh Through Police Station -Shobha, Dist.-
      Gariyaband C.G..

                                                           ---- Respondent

07/03/2025 Mr. Nitesh Sahu, Advocate on behalf of Tanuj Patwardhan,

Advocate for the appellant.

Ms. Sunita Sahu, PL for the State.

Heard on I.A. No.1, application for suspension of sentence and

grant of bail to appellant.

By the impugned judgment of conviction and order of sentence

dated 21/01/2025 (Annexure A-1), the appellant stands convicted as

under:-

Conviction Sentence

U/s 354 of IPC : RI for 03 year & fine of Rs.1000/-, in default of payment

of fine, 01 month additional RI.

U/s 8 of the POCSO Act. RI for 03 years & fine of Rs.1000/-, in default of payment of fine, 01 month additional RI.

Victim is not appeared before this Court, though notice has been

duly served, hence, Ms. Manju Naik, Advocate appointed as Amicus

Curiae to assist the Court on behalf of the victim/complainant.

Learned counsel for the appellant submits that appellant has

been falsely implicated in this case, he has not committed any offence

as alleged against him. Maximum jail sentence awarded to appellant is

of three years. Appellant has been granted bail from the Court below.

Appeal may take some time for final hearing, hence, sentence awarded

to appellant may be suspended and he be enlarged on bail.

Learned State Counsel as well as learned Amicus Curiae

opposing the bail application of the appellant.

Heard counsel for the parties.

Considering facts of the case, submissions of counsel for the

parties, maximum period of jail sentence awarded to appellant, further

the fact that appellant is on bail and has not misused the liberty granted

to him, appeal may take some time for final hearing, I am of the view

that present is a fit case to suspend sentence and release the appellant

on bail.

Accordingly, I.A. No.1, application for suspension of sentence

and grant of bail to appellant is allowed. It is directed that execution of

substantive jail sentences imposed on appellant shall remain

suspended and he be released on bail on his executing a personal

bond for a sum Rs.10,000/- with one surety for the like sum to the

satisfaction of the Trial Court for his appearance before the Registry of

this Court on 23.04.2025. 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 other subsequent dates as are

given to him by the said Court, till disposal of this appeal.

Certified copy, as per rules.

Sd/-

(Arvind Kumar Verma) Judge

J/-