Chattisgarh High Court
Rahul Patel vs State Of Chhattisgarh on 18 March, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 549 of 2025
1 - Rahul Patel S/o Rakesh Patel Aged About 18 Years R/o Mudpar, Behind S.E.C.L. Shoping
Center, Cauki- Manikpur, Thana- Kotwali Korba, Dist.- Korba (C.G.)
2 - Ajeet Bek S/o Kelmet Bek Aged About 21 Years R/o Krishna Nagar, Manikpur, Thana-
Kotwali Korba, Dist.- Korba (C.G.)
... Appellants
versus
1 - State Of Chhattisgarh Through Chauki- Rampur, Thana- Kotwali, Dist.- Korba (C.G.)
... Respondent
18.03.2025 Mr. Samir Singh, Counsel for the Appellants.
Mr. G.L.Uike, Panel lawyer for the State.
Heard on I.A. No. 01/2024, an application under Section
430 of BNSS, 2023 for suspension of sentence and grant of bail.
By virtue of the impugned judgment of conviction and order
of sentence dated 07.02.2025 passed in Special Case (POCSO)
No. 33/2022 passed by the learned A.S.J., FTSC (POCSO),
District Korba, Chhattisgarh, whereby appellants have been
convicted and sentenced as under:
Conviction Sentence
Under Section 451 of Indian R.I. for 06 months and fine of
Penal Code Rs. 2,000/- in default of
payment of fine additional
rigorous imprisonment for 02
months to both the appellants.
Learned Counsel appearing for the appellants contended
that the appellants have a prima facie good case in their favor
and they are hopeful to succeed on it. The appellant no. 1 was in
jail since 02.05.2022 to 31.05.2022 and appellant no. 2 was in jail
since 02.05.2022 to 26.025.2022. Thereafter, they were on bail
during the trial and after conviction they were also released on
bail. The disposal of this Criminal appeal is likely to take long
time. The appellants are ready to abide all the terms and
conditions which may be imposed by this Hon'ble Court while
suspending the jail sentence of the appellants.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellants which
connects them with the crime and chain of circumstances are fully
linked and completed with each other.
I have heard learned counsel for the parties and perused
the record with utmost circumspection.
Considering the totality of the facts, in particular to the fact
that the appellants have been convicted for only six months of
rigorous imprisonment which is a short sentence, I am of the
considered opinion that present is a fit case to suspend the jail
sentence imposed upon the appellants.
Accordingly, the substantive jail sentence imposed upon
the appellants by the learned trial court is hereby suspended.
The appellants shall be released on bail on their executing a bail
bond of Rs.10,000/- each with one surety in the like amount to the
satisfaction of the concerned Trial court for his appearance before
the Registry of this Court on 28.03.2025. Thereafter, they shall
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 them by the Trial Court, till
the final disposal of this appeal.
Consequently, IA No. 01/2025 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
