Chattisgarh High Court
Santoshi Sahu vs State Of Chhattisgarh on 6 May, 2025
1/3
Digitally
signed by
ASHISH
ASHISH TIWARI
TIWARI Date:
2025.05.06
18:16:41
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order Sheet
Cr.A. No. 889 of 2021
1. Santoshi Sahu W/o Tularam Sahu Aged About 35 Years R/o Village
Temri, P. S. City Kotwali, Mungeli District Mungeli Chhattisgarh
2. Durgesh Sahu S/o Krishna Sahu Aged About 24 Years R/o Village Temri,
P. S. City Kotwali, Mungeli District Mungeli Chhattisgarh
--- Appellants
Versus
State Of Chhattisgarh Through P. S. Mungeli District Mungeli Chhattisgarh
--- Respondent
06/05/2025 Shri Rajesh Kumar Jain, Counsel for the appellant.
Ms. M. Asha, P.L. for the respondent/State.
Notice issued to the father of the victim is reported to be
served.
Heard on I.A.No.03/2025, an application under section 389
of Cr.P.C. for suspension of sentence and grant of bail to
appellant No.1 - Santoshi Sahu.
This is third application for suspension of sentence and
grant of bail, first application was dismissed as withdrawn vide
order dated 04.08.2022 with liberty to revive after completion of
half of the jail sentence imposed upon the appellant. Second Bail
application was dismissed as withdrawn vide order dated
04.12.2023.
By the impugned judgment of conviction and order of
sentence dated 02.08.2021 passed by the learned Special Judge
(F.T.S.C.) POCSO Act Mungeli, District-Mungeli (C.G.) in Special
Criminal Case No.52/2017, the appellant No.1 has been
convicted and sentenced in the following manner:-
Conviction Sentences
Under Section 366 of R.I. for 5 years and fine of
I.P.C. Rs.2,000/- in default of
payment of fine additional
S.I. for 2 months.
Under Section 376 RI for 10 years and fine of
R/w 109 of I.P.C. Rs.2,000/- and in default of
payment of fine Additional
S.I. for 2 months.
Under Section 506 R. I. For 2 years and fine of
Part-II of I.P.C. Rs.1,000/- in default of
payment of fine Additional
S.I. for 1 month.
Learned counsel for the appellant No.1 submits that the
appellant No.1 has already suffered half of the jail sentence out
of 10 years maximum jail sentence awarded to her and he placed
reliance on a recent judgment of the Hon'ble Supreme Court in
case of Satender Kumar Antil Vs. Central Bureau of
Investigation & Another reported in 2022 LiveLaw (SC)577 and
the appeal will take some time for hearing on merits, therefore
the substantive jail sentence imposed upon appellant No.1 may
be suspended and she may be released on bail.
State counsel opposes the application for suspension of
sentence and grant of bail.
I have heard learned counsel for the parties, considering
the fact that appellant No.1 has completed half of the jail
sentence out of 10 years maximum jail sentence awarded to her
and in view of judgment of Hon'ble the Supreme Court in the
case of Satender Kumar Antil (Supra) and hearing of the appeal
on merits will take some more time, therefore, I am inclined to
allow this application.
Accordingly, I.A.No.03/2025 is allowed.
The substantive jail sentence awarded to the appellant
No.1 - Santoshi Sahu is suspended during the pendency of this
appeal and she is directed to release on bail on her furnishing a
personal bond in the sum of Rs. 25,000/- along with one surety in
the like sum to the satisfaction of the concerned trial Court for her
appearance before the Registry of this Court on 04th of August,
2025 and thereafter appear before the Registry of this Court on a
date to be given by her and shall continue to appear on all such
subsequent dates as are given to her by the Registry, till the
disposal of this appeal.
Certified copy as per rules.
List this case for final hearing./-
Sd/-
(Sachin Singh Rajput)
Judge
Ashish
