Ramkripal Singh @ Bau vs State Of Chhattisgarh
2025 Latest Caselaw 1289 Chatt

Chattisgarh High Court

Ramkripal Singh @ Bau vs State Of Chhattisgarh on 17 January, 2025

                                                       1/3




Digitally signed
by AVANISH
KUMAR                        HIGH COURT OF CHHATTISGARH AT BILASPUR
PATHAK
Date:
2025.01.17
                                              CRA No. 948 of 2024
17:57:28 +0530
                   Ramkripal Singh @ Bau S/o Late Ram Gopal, Aged About 27 Years R/o
                   Kapoor Singh Dafai Chhoti Bazar P.S. Chirmiri, District Korea Current
                   District M.C.B. Chhattisgarh.
                                                     versus
                   State Of Chhattisgarh Through Police Station Chirmiri, District Korea
                   Current District M.C.B. Chhattisgarh.

                                                   Order Sheet



                   17/01/2025         Mr.    Hemant    Kumar Agrawal,         counsel    for   the
                                appellant.
                                      Ms. Sunita Manikpuri, Dy. Govt. Adv. for the
                                State/respondent.

Heard on I.A. No.1/2024, application for suspension of sentence under 389 of Cr.P.C. and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 18-4-2024 passed by the learned Special Judge (POCSO Act), Chirmiri, Distt. Koriya (C.G.) in Special Criminal Case No. 65/2023, the appellant has been convicted and sentenced as under :-

S.No. Conviction Sentence

01. Section 4 of POCSO R.I. for 10 years with Act fine of Rs.1,000/-, in default thereof to

undergo additional imprisonment for 3 months.

Learned counsel for the appellant submits that the

victim was not minor at the time of incident. Her age has

not been proved in accordance with law. Date of incident is

23-7-2022, and as per case of prosecution itself, on the

date of incident, she was more than 17 years of age. The

appellant has a good case in appeal, aforesaid fine amount

has already been deposited. During trial, appellant was on

bail and never misused the same, therefore, he prays that

application for suspension of sentence of the appellant may

be allowed and sentence may be suspended till the

decision of this appeal.

Per contra, learned State counsel opposes the

application for suspension of sentence and grant of bail to

the appellant.

I have heard learned counsel for the parties and

perused the record carefully.

Having heard learned counsel for parties and

considering the material available on record, particularly the

the marginal age of the victim and the appellant was on bail

during trial & has not misused his liberty, I feel inclined to

allow the application for suspension of sentence and grant

of bail to the appellant.

In view of above, I.A. No.01/2024, application for

suspension of sentence and grant of bail to the appellant is

allowed.

The substantive jail sentence imposed upon the

appellant by the learned trial Court is hereby suspended.

He shall be released on bail on his executing a personal

bond in the sum of Rs. 25,000/- with one surety of the like

amount to the satisfaction of the concerned trial Court for

his appearance before the Registry of this Court on 18-2-

2025. He shall thereafter appear before the concerned 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, interval being

not less than 6 months, till final disposal of this appeal.

List this matter for final hearing in due course.

Sd/-

Pathak (Naresh Kumar Chandravanshi) Judge