Shiv Kumar Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 2621 Chatt

Chattisgarh High Court

Shiv Kumar Sahu vs State Of Chhattisgarh on 24 March, 2025

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                                                                                     NAFR

                              HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                 CRA No. 378 of 2025

                      1 - Shiv Kumar Sahu S/o Late Thanuram Sahu Aged About 58 Years R/o
                      Village Sindhouri, Police Station Rajeem, District Gariyaband Chhattisgarh.
                                                                                     ...Appellant
                                                        versus
                      1 - State of Chhattisgarh Through S.H.O. Police Station Rajeem, District
                      Gariyaband Chhattisgarh.
                                                                                   ... Respondent

Order Sheet

24/03/2025 Mr. Shikhar Sharma, Advocate for the Appellant.

Ms. Laxmin Kashyap, PL for the State. Heard.

Admit.

Also Heard on I.A.No.1/2025, application under

Section 430 of BNSS for suspension of sentence and grant

of bail.

MISHRA Digitally signed by ASHUTOSH ASHUTOSH MISHRA Date:

The appellant stands convicted under Section 376 (1) 2025.03.26 10:36:55 +0530

of the IPC and sentenced to undergo R.I. for 10 years and to

pay fine of Rs.50,000/-, with usual default stipulation vide

judgment dated 07/01/2025 passed by the Additional

Sessions Judge FTC (POCSO & Rape Cases), Gariyaband,

C.G. in POCSO Case No.43/2022.

Learned counsel for the appellant would submit that

the appellant is in jail since 01/09/2022 as such he has

completed near about 2.5 years of jail sentence 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.

The prosecutrix appeared in person before the Court

and she objected to grant of bail to the appellant.

Considering the fact that the appellant has committed

a heinous offence with a minor girl, therefore, in such

circumstances his suspension cannot be suspended and he

cannot be released on bail. Therefore, I am not 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 rejected.

List this case for final hearing at motion stage in the

week after next.

SD/-

(Arvind Kumar Verma) Judge

ashu