Chattisgarh High Court
Dheeraj Pandey @ Monu vs State Of Chhattisgarh on 18 March, 2025
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 332 of 2025
1 - Dheeraj Pandey @ Monu S/o Anil Pandey Aged About 37 Years R/o
Shiv Chowk Katiapara P.S City Kotwali District - Bilaspur (C.G.)
... Appellant
versus
1 - State of Chhattisgarh Through S.H.O. Police Station City Kotwali
District - Bilaspur (C.G.)
... Respondent
Order Sheet
18/03/2025 Mr. Saleem Kazi, Advocate for the Appellant.
Ms. Prabha Sharma, PL for the State.
Heard.
Admit.
Call for the record.
Also Heard on I.A.No.1/2025, application under
Section 430 of BNSS for suspension of sentence and grant
of bail.
MISHRA
ASHUTOSH MISHRA
The appellant stands convicted under Sections 7/8 of
+0530
the Protection of Children from Sexual Offences Act, 2012
and sentenced to undergo R.I. for 03 years and to pay fine
of Rs.500/- with usual default stipulation vide judgment
dated 04/01/2025 passed by the Additional Sessions Judge,
Second Fast Track Special Court (POCSO Act), Bilaspur,
District Bilapur, C.G. in Special Criminal Case (POCSO
Act) No.159/2022.
Learned counsel for the appellant would submit that
the appellant was on bail during trial and he has been
granted bail by the trial Court. He would next contend that
the sentence awarded is only for three years and the appeal
will take some time for hearing on merits, therefore, the
substantive jail sentence imposed upon the appellant may
be suspended and he may be released on bail.
Per contra, learned State counsel opposes the prayer
for suspension of sentence and grant of bail.
Pursuant to the notice issued to the victim dated
17/02/2025 she has not appeared before this Court despite
service of notice.
Ms. Sameeksha Gupta, Advocate, who is present in
the Court is requested to assist the Court and she is
appointed as amicus curiae, to argue on behalf of the
victim/prosecutrix.
After going through the file, Ms. Sameeksha Gupta,
Advocate, appears as amicus curaie, opposes the prayer for
suspension of sentence and grant of bail to the appellant.
Considering the short sentence and the fact that the
appellant was on bail during the trial and the appeal will
take some time for hearing, I am inclined to suspend the
sentence and release the appellant on bail.
Accordingly, I.A.No.1/2025, application under
Section 430 of BNSS for suspension of sentence and grant
of bail is allowed.
Execution of further substantive jail sentence
imposed on appellant shall remain suspended and he is
directed to be released on bail on 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 30/04/2025. 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 subsequent dates as are given to
him by the said Court, till the disposal of this appeal.
SD/-
(Arvind Kumar Verma)
Judge
ashu
