Chattisgarh High Court
Toran Verma vs State Of Chhattisgarh on 29 September, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No.1040 of 2021
Toran Verma S/o Pakkuram Verma Aged About 22 Years R/o Village Kulikasa,
Police Station And Tehsil Chhuikhadan, District Rajandgaon, Chhattisgarh
---- Appellant (In Jail)
Versus
State Of Chhattisgarh Through The District Magistrate, Rajnandgaon, District
Rajandgaon, Chhattisgarh
---- Respondent /State
29/09/2022 Shri Shaleen Singh Baghel, counsel for the appellant.
Shri Ishwari Ghritlahre, Panel Lawyer for the State.
Heard on an application (I.A.No.1/2021) for suspension of sentence and
grant of bail.
By virtue of impugned judgment of conviction and order of sentence
dated 08-09-2021 passed by the learned Additional Sessions Judge,
Khairagarh, District Rajnandgaon in Special Sessions Trial No.03/2019 (Crime
Number 38/2019), the appellant stands convicted and sentenced as under:-
Conviction Sentence
In violation of Section 3, U/s 4 R.I. for 10 years and fine of Rs.1,000/- and
of the POCSO Act, 2012 in default of payment of fine, further R.I. for
3 months
Learned counsel appearing for the appellant submits that the appellant
is innocent and has been falsely implicated in connection with the said crime.
While referring to the statement of the prosecutrix (PW-2), it is submitted that
in her statement, she had specifically stated before the Court below that the
First Information Report was lodged only when the love letters written by her
was came in knowledge of her father. While referring to the statement of Dr.
Leela Ramteke (PW-20), it is submitted further that no injury was, in fact,
found on her body, however, without considering the evidence led by the
prosecution in its proper manner, the learned Court below has erred in
convicting the appellant with regard to the alleged offence. Further contention
of him is that the appellant has been released on bail during trial vide order
dated 14-09-2020 passed by the Coordinate Bench of this Court in
M.Cr.C.No.5126 of 2020 and as the appellant has served more than 2 year
and 7 months of jail sentence out of total 10 years of maximum jail sentence
awarded to him and, if the remaining jail sentence is allowed to run, the very
purpose of filing of this appeal would be frustrated. Therefore, the appellant
may be enlarged on bail, pending decision of this appeal.
On the other hand, learned counsel appearing for the respondent/State
has opposed the aforesaid application.
I have heard learned counsel for the parties and perused the entire
record carefully.
Having considered the facts and circumstances of the case, considering
further that the appellant was released on bail during trial vide order dated 14-
09-2020 passed by the Coordinate Bench of this Court in M.Cr.C.No.5126 of
2020 and considering further that since the appellant has served more than 2
year and 7 months of jail sentence out of total 10 years of maximum jail
sentence awarded to him, I am, therefore, inclined to allow this application.
Accordingly, the application (I.A.No.1 of 2021) is allowed. It is directed
that the substantive jail sentence imposed upon the appellant shall remain
suspended during the pendency of this appeal and he shall be released on
bail on his furnishing a personal bond of Rs.25,000/- along with one surety of
like sum to the satisfaction of the concerned trial Court for his appearance
before the Registry of this Court on 23.11.2022 and, thereafter, he shall
appear before the concerned trial Court on a date to be given by the Registry
of this Court and continue to appear on all such further dates as are given to
him by the said Court in that behalf, till the disposal of this appeal.
In view of above, I.A.No.1/2022, an application for urgent hearing for
consideration of application for suspension of sentence and grant of bail as
also application (I.A.No.1/2021) stand disposed of.
Post this matter for final hearing in its turn.
Certified copy, as per rules.
SD/-
(Sanjay S. Agrawal)
Judge
Tumane
