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2025 DAILYLAW 42830 (CHH)

SAMARU NAGARCHI v. STATE OF CHHATTISGARH

CRA/1888/2022 · 2025-03-24

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Judgment text

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1 2025:CGHC:14078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1888 of 2022 Samaru Nagarchi S/o Mohan Nagarchi Aged About 28 Years R/o Atal Awas, Dhamtari, P.S. City Kotwali, District - Dhamtari, Chhattisgarh ... Appellant(s) versus State Of Chhattisgarh Through -Station House Officer, Police Of Police Station- City Kotwali, District - Dhamtari, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Anil Gulati, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/03/2025 1. Though, today the present appeal has been listed for hearing on I.A. No.1 of 2022, which is an application for suspension of sentence and grant of bail, however with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is heard finally. 2. Accordingly, I.A. No.01 of 2022 stands disposed of. 3. This appeal is directed against the judgment of conviction and order of sentence dated 22.09.2022 passed by the Additional Additional Sessions Judge (FTSC) POCSO Act, Dhamtari, District AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 – Dhamtari (C.G.) in Special Cr. Case (POCSO) No.53/2021, whereby the appellant has been convicted and sentenced in following manner :- CONVICTION SENTENCE Under Section 342 of the Indian Penal Code RI for 6 months and fine of Rs.1,000/-, in default of payment of fine to further undergo SI for 2 months. Under Section 377 of the Indian Penal Code RI for 3 years and fine of Rs.5,000/-, in default of payment of fine to further undergo SI for 2 months. (Both the sentences were directed to be run concurrently) 4. Learned counsel for the appellant submits that the appellant has already served out the jail sentence awarded by the learned trial Court i.e. RI for 3 years under Section 377 of the IPC, as there is also a report of Assistant Jail Superintendent, District – Dhamtari (C.G.) dated 23.03.2025, which shows that the appellant has already served out the jail sentence and has been released from jail, therefore, he does want to press this appeal on merits. 5. In view of the aforesaid submission made by learned counsel for the appellant that he does not want to press the appeal further on merits. Accordingly, the present appeal is dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil