Chattisgarh High Court
Durgesh Verma vs State Of Chhattisgarh on 8 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 384 of 2021
Durgesh Verma S/o Late Shri Daman Singh Verma, aged about 42 years, R/o
Village Puraina, Chandani Chowk, at Present Vishwa Bank Colony, Bhilai - 3,
Police Station: Purani Bhilai, District : Durg, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh through Station House Officer, Police Station: Purani Bhilai,
District : Durg, Chhattisgarh.
---- Respondent
08.07.2021 Mr. Praveen Dhurandhar, Counsel for the Appellant.
Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.
None present for the complainant/victim even though
notice have been served upon the father of the victim who is the
complainant.
Heard I.A. No. 01/2021, an application for suspension of
sentence and grant of bail to the Appellant.
By the impugned judgment date 06.03.2021 passed in
Special Sessions Case (POCSO Act) No. 64/2018 by the learned
Additional Sessions Judge, Third Fast Track Special Court
(POCSO Act) Durg, District: Durg (C.G.), the Appellant stands
convicted as mentioned below:
Conviction Sentence In Default
U/s 354 of IPC RI for 05 years and In default of
fine amount of payment of fine
Rs.2,000/-. amount additional
RI for 200 days.
U/s 08 of POCSO RI for 05 years and In default of
Act fine amount of payment of fine
Rs.2,000/-. amount additional
RI for 200 days.
Learned counsel for the Appellant submits that the
Appellant has been wrongly convicted by the Trial Court in the
judgment without there being any sufficient evidence available on
record. He further submits that the Appellant was on bail during
trial and after the judgment of the Trial Court he is in jail since
06.03.2021 and trial is likely to take some more time. Hence, it is
prayed that his application may be allowed.
On the other hand, Learned counsel for the State has
opposed the bail application and submissions made in this
respect.
Heard both the parties and perused the record of the Trial
Court.
After perusing the impugned judgment and considering
these facts that the Appellant was on bail during the pendency of
trial, he had not misused the liberty, presently he is in jail since
06.03.2021 and trial is likely to take some more time, I am of this
opinion that it will be proper to release the Appellant on bail.
Execution of substantive jail sentences imposed upon the
appellants shall remain suspended during the pendency of this
appeal and he shall be released on bail on executing a personal
bond for a sum of Rs.25,000/- with one solvent surety for the like
sum to the satisfaction of the Trial Court for his appearance
before the Registry of this Court on 20.12.2021. 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 them by the said Court, till
the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
