Karan Singh @ Chotu vs State Of Chhattisgarh
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Chattisgarh High Court

Karan Singh @ Chotu vs State Of Chhattisgarh on 21 March, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRA No. 307 of 2025

1 - Karan Singh @ Chotu S/o Ramdin Singh Aged About 20 Years R/o Village- Ghutra
Fhatpani, P.S.- City Kotwali, Manendragarh, District- M.C.B. (C.G.)
                                                                  ... Appellant(s)
                                        versus
1 - State Of Chhattisgarh Through- S.H.O. Police Station- Manendragarh, District-
M.C.B. (C.G.)
                                                                      ... Respondent(s)

Order Sheet

21/03/2025 Mr. Pushkar Sinha, Counsel for the appellant.

Mrs. Sunita Manikpuri, Dy. G.A. for the State. Since, the victim did not appear before this Court though served, therefore, Ms. Aditi Diwan, Advocate who is present in the Court is requested to assist the Court as an amicus curiae.

Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment and conviction dated 31.01.2025 passed by the Additional Sessions Judge, F.T.S.C. (POCSO) Manendragarh, District- Koriya (C.G.) passed in Special Criminal Case No. 42/2023,

the appellant stands convicted as under:

         Conviction                    Sentence
U/s 366 of IPC               RI for 3 years and fine of
                             Rs. 500/-, in default of fine,
                             further RI for 1 month.
U/s 4(1) of POCSO Act        RI for 10 years and fine of
                             Rs. 1000/-, in default of
                             fine,    furthe   RI   for    2
                             months.

Learned Counsel for the Appellant contended that the appellant has prima facie good case in his favor and he is hopeful to succeed on it. The appellant is in jail since 14.06.2023 and has already served about 2 years of sentence. The disposal of this Criminal Appeal is likely to take long time. The appellant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the applicant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him 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, the evidence produced by the prosecution and the period of detention without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the Appellant by the learned Trial Court is hereby suspended. The Appellant shall be released on bail on his executing a bail bond of Rs. 10,000/- 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 11.04.2025. Thereafter, he 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 him by the Trial Court, till final disposal of this appeal.

Consequently, I.A. No. 01/2025 stands allowed. List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima