Chattisgarh High Court
Suresh Kumar Verma @ Chhotu vs State Of Chhattisgarh on 22 September, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1482 of 2021
Suresh Kumar Verma @ Chhotu S/o Rajendra Verma, aged about 19 years, R/o
Zone-02, Street-35, Quarter No.3/C Khursipar, Police Station Khursipar, District
Durg, C.G. Appellant
Versus
State Of Chhattisgarh, Through : Police of Police Station Khursipar, District Durg,
C.G. Respondent
Single Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal
22.09.2022 Mr. Jitendra Gupta, counsel for the appellant.
Mr. Sudeep Verma, Dy. G.A. for the State / respondent.
Heard on I.A. No. 1, application for suspension of sentence and
grant of bail.
By the impugned judgment and order of sentence dated
30.07.2021 passed by the Additional Sessions Judge, Fourth F.T.C.,
Durg, (C.G.) in Special Sessions Case (POCSO) No. 53/2019, the
appellant has been convicted as under :-
Conviction Sentence
Under Section 8 of the R.I. for 5 years and fine amount of
POCSO Act, 2012 Rs.500/-, in default of fine amount
additional S.I. for one month
Under Section 12 of the R.I. for 3 years and fine amount of
POCSO Act, 2012 Rs.500/-, in default of fine amount
additional S.I. for one month
Under Section 341 of IPC R.I. for one month and fine amount of
Rs.500/- in default of fine amount
additional S.I. for one month
Under Section 386 of IPC R.I. for 5 years and fine amount of
Rs.500/-, in default of fine amount
additional S.I. for one month
Mr. Jitendra Gupta, learned counsel for the appellant, submits
that the appellant has falsely been implicated in crime in question and
he has been convicted by recording a finding which is perverse to the
record. Appellant is in custody from 05.03.2019 to 25.06.2019 & since
03.03.2021. Learned counsel for the appellant also submits that during
trial appellant was on bail and he did not misuse the liberty given by the
trial Court and he has already deposited the fine amount before the
concerned trial Court. Learned counsel for the appellant further submits
that final disposal of the the appeal is likely to take time and, therefore,
application may be allowed and appellant may be released on bail.
Per contra, Mr. Sudeep Verma, learned State counsel opposes
the prayer made by learned counsel for the appellant.
I have heard learned counsel for the parties, considered their
rival submissions and also perused the record with utmost
circumspection.
Taking into consideration the facts and circumstances of the
case, nature and gravity of offence and considering the fact that the
maximum sentence awarded to the appellant is 5 years out of which he
has already been in custody from 05.03.2019 to 25.06.2019 and since
3.03.2021, further considering the fact that he was on bail during trial
and he did not misuse the liberty given by the concerned trial Court and
he has already deposited the fine amount and final disposal of the
appeal is likely to take time and further considering the other evidence
available on record I am inclined to grant bail to the present appellant-
Suresh Kumar Verma @ Chhotu. Accordingly, I.A. No.1 is allowed.
The substantive jail sentence awarded to the appellant- Suresh
Kumar Verma @ Chhotu is suspended during the pendency of this
appeal and he is directed be released on bail on his 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 his
appearance before the Registry of this Court on 15 th of November,
2022. 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 him by the said Court, till
the disposal of this appeal.
Certified copy as per rules.
Sd/-
(Sanjay K. Agrawal)
Judge
Ankit
