Chattisgarh High Court
Ramkumar @ Ramu Nishad vs State Of Chhattisgarh on 25 June, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1051 of 2025
1 - Ramkumar @ Ramu Nishad S/o. Late Dhurau Ram Nishad
Aged About 22 Years R/o. Village - Kurshitikull, P.S.
Ambagarh Chowki, Dist. Rajnandgaon (C.G.).
... Appellant
versus
1 - State Of Chhattisgarh Through Station House Officer,
Police Station - Ambagarh Chowki, Dist. Mohla-Manpur-
Ambagarh Chowki (C.G.).
... Respondent
25.06.2025 Mr. Aditya Bhardwaj, counsel for the appellant.
Ms. Sunita Manikpuri, Dy. G.A. for the
State/respondent.
Heard on admission.
Admit.
Also heard on I.A. No.01/2025, application for
suspension of Sentence and Grant of bail under
Section 430(2) of BNSS.
By the impugned judgment dated 08.05.2025
passed by learned Additional Sessions Judge F.T.C.
(POCSO), Ambagarh Chowki, District - Mohla-Manpur-
Ambagarh (C.G.) in Special Criminal (POCSO) Case No.
15/2025, whereby the appellant has been convicted for
the offence punishable under Section 457 of IPC and
Section 8 of POCSO Act and sentenced as under:-
Conviction Sentence
U/s 457 of IPC R.I. for 3 years and fine of Rs. 5,000/-,
in default of payment of fine amount
additional S.I. for 1 month.
U/s 8 of R.I. for 3 years and fine of Rs. 5,000/-,
POCSO Act in default of payment of fine amount
additional S.I. for 1 month.
(Both the sentences were directed to run concurrently).
Learned counsel for the appellant submits that
the appellant is innocent and is falsely implicated in
the case, and there is no material evidence against the
appellant. He also submits that the appellant is already
on bail, and he has already deposited the fine amount
imposed upon him, and only short sentence of 3 years
has been awarded to the appellant out of which the
appellant has already served the jail sentence of 16
days during trial. Therefore, the jail sentence of the
appellant may be suspended till the final disposal of
the case.
On the other hand, learned State counsel opposes
the bail application.
The victim along with her father, appeared
through video conferencing from the concerned DLSA
and raised no objection to grant bail to the appellant.
Considering the facts and circumstances of the
case and also considering the fact that a short
sentence of 3 years has been awarded to the appellant
for the aforesaid offence out of which he was already in
custody for about 16 days i.e. from 09.11.2021 to
24.11.2021 during trial and the appellant is already on
bail, the fine amount has already been deposited, and
the final disposal of this appeal is likely to take
considerable time, the application is allowed and it is
directed that the substantive jail sentence imposed
upon the appellant shall remain suspended till final
disposal of this case on his executing a personal bond
for a sum of Rs. 25,000/- with one surety for the like
sum to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 25th
September, 2025. He shall thereafter appear before
the concerned trial Court on a date to be given by the
Registry of this Court and thereafter, continue to
appear before the trial Court on all such subsequent
dates as are given to him by the said Court till disposal
of this appeal.
Record of the trial Court has already been
received.
List this case for final hearing in its chronological
order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
