Gurubali Tunna Reddy vs State Of Chhattisgarh
2025 Latest Caselaw 2385 Chatt

Chattisgarh High Court

Gurubali Tunna Reddy vs State Of Chhattisgarh on 10 March, 2025

                          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                              Order Sheet

                                             CRA No. 9 of 2025

             Gurubali Tunna Reddy S/o Suraiya, Aged About 29 Years R/o- Village- Katru, P.S.-
             Chhatarpur, District- Ganjam (Odisha), Present Address- Chief House Bartunga,
             Quarter No. L/180, P.S.- Chirmiri, District- Koriya (C.G.)      ... Appellant(s)

                                                   versus

             1 - State Of Chhattisgarh Through Station House Officer, Police Station- Chirmiri,
             District- Manendragarh, Chirmiri, Bharatpur M.C.B. (C.G.)       ----Respondent

10/03/2025 Heard Mr. Akhtar Hussain, learned counsel for the appellant and

Ms. Pragya Shrivastava, Dy. G.A., appearing for the State / respondent

on the instant application for suspension of sentence and grant of bail

(IA No. 1 of 2024).

The guardian of the victim of this case appeared through video

conferencing from the District Legal Services Authority, Chirmiri

Baikunthpur (C.G.). On being asked, they opposed the application for Digitally

suspension of sentence and grant of bail submitted by the appellant. signed by JYOTI JHA Date:

2025.03.12 11:17:32 +0530

By the impugned judgment of conviction and order of sentence

dated 07.12.2024, learned Special Judge (POCSO) Chirmiri, District Koriya (C.G.) in Special Criminal Case (POCSO) No. 44/2023, has

convicted and sentenced the appellant as under:-

Conviction under Sections Sentence

4 of POCSO R.I. for 10 years with fine of Rs.

2,000/- in default of which additional R.I. for 1 month

Learned counsel for the applicant submits that appellant is innocent

and he has been falsely implicated and convicted without any sufficient

evidence and the sole conviction is based on the statement of victim who

is fabricated prosecution witnesses. He further submits that appellant is in

jail since 07.12.2024 and the appeal is likely to take some time for its

conclusion, hence the appellant has filed the instant application for

suspension of sentence and grant of bail.

Per contra, learned State Counsel submits that the accused/appellant

threatened the victim to viral the photos of her on facebook, such an

offence is a serious offence, therefore, he does not deserve to be

released on bail. The findings arrived at by the learned trial Court is

just and proper.

I have heard learned counsel for the parties and perused the records of the Court below.

Taking into consideration the facts and circumstances of the case,

particularly taking into consideration the statement of the prosecutrix

and also considering the fact that the appellant committed the offence

of rape which is serious in nature, this Court finds it appropriate to

reject the instant application for suspension of sentence and grant of

bail, at this stage.

Accordingly, IA No. 01 of 2024 stands rejected.

Let the matter be listed for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti