Durgesh Verma @ Ravan Verma vs State Of Chhattisgarh
2021 Latest Caselaw 3292 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                             CRA No. 1189 of 2019
      Durgesh Verma @ Ravan Verma, S/o Kaushal Prasad Verma, Aged About 24
       Years, R/o Giraoud Dihpara Ramnagar, Thana Dharsinwa, District Raipur,
       Chhattisgarh.                                           ---- Appellant

                                           Versus

  State of Chhattisgarh, Through- Station House Officer- Police Station- Dharsinwa,
  District- Raipur (C.G.)                       ---- Respondent

24.11.2021 Shri Dashrath Prajapati, Advocate on behalf of Shri Sanjay Patel,

counsel for the appellant.

Shri Afroj Khan, P. L. for the State.

Heard on admission.

This appeal is admitted for hearing.

Also heard on I.A. No.01/2019, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 29.06.2019 passed in Special Criminal Case No. 198/2017 by the Special Judge (SC/ST Act), Raipur, District- Raipur (C.G.) as under:-

                            Conviction                           Sentences
                  Under Section 363 of IPC             R.I. for 3 years with fine of Rs.
                                                       500/-   and      in     default   of
                                                       payment     of        fine   amount
                                                       additional R.I. for 3 months.





             Under Section 366 of IPC             R. I. For 5 years with fine of
                                                  Rs.     500/- and in default of
                                                  payment         of        fine   amount
                                                  additional R.I. for 3 months.

             Under Section 376 of IPC             R. I. For 10 years with fine of
                                                  Rs. 1,000/- and in default of
                                                  payment         of        fine   amount
                                                  additional R.I. for 6 months.

             Under Section 506 part-II of         R. I. For 1 year with fine of Rs.
             IPC                                  500/-    and         in     default   of
                                                  payment         of        fine   amount
                                                  additional R.I. for 3 months.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, evidence of the prosecutrix PW/1, who is 16 years old, serious allegations made against the appellant and other material available on record. I am not inclined to allow the application (I.A. No.1/2019), accordingly the same is dismissed.

List the case for final hearing in its due course.

Sd/-

(Gautam Chourdiya) Judge Nadim