Chattisgarh High Court
Ramesh Kumar @ Nanu vs State Of Chhattisgarh on 10 September, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1211 of 2024
• Ramesh Kumar @ Nanu S/o Late Dadulal Aged About 19 Years R/o
Teena Dafai Chhotibazar, P.S. Chirmiri, District- M.C.B. Chhattisgarh.
... Appellant
versus
• State of Chhattisgarh Through- Station House Officer, Police Station
Chirmiri District- M.C.B. (C.G.).
... Respondent(s)
Order on Board
10/09/2025 Mr. Ramsajiwan, Advocate for appellant.
Ms. Priya Sharma, Panel Lawyer for the State.
Heard on I.A. No.01/2024, which is an application for
suspension of sentence and grant of bail.
This Criminal Appeal is filed against the judgment of
conviction and sentence dated 08.05.2024, passed in Special
Criminal (POCSO) Case No. 63/2023, by Learned Special Judge
(POCSO Act), Chirmiri District Koriya, C.G. whereby appellant has
PAWAN been convicted and sentenced in the following manner:-
KUMAR
JHA
Digitally
signed by
Conviction Sentence
PAWAN
KUMAR JHA
U/s 4(1) of the Protection of R.I. for 10 years and fine of Rs.
Children from Sexual Offences Act, 1000/-; in default of payment of
2012. fine, additional R.I. for 3 months.
Learned counsel for appellant submits that age of victim has
not been proved in accordance with law. According to the date of
birth as projected by the prosecution on the date of incident, victim
was 17 years and 6 months. As per prosecution case, victim
accompanied with appellant, resided with him for considerable time
and also gave call to his brother during that period. It is contended
that appellant was on bail during trial and is now in jail since the
date of passing of impugned judgment. Appellant is prima facie
having a good case in his favour and is likely to succeed, therefore
application be allowed and substantive jail sentence be suspended.
Learned State counsel opposes the submission of learned
counsel for appellant and submits that in view of the nature of
offence, and findings recorded by trial court, appellant is not entitle
for grant of bail. There is specific allegation against appellant of
committing sexual intercourse with victim aged below 18 years.
Pursuant to the notice issued by this Court, victim along with
her father is present before this Court through virtual mode from
DLSA, Chirmiri, District Koriya and she raised objection in
suspending jail sentence and grant of bail to appellant.
Considering the facts and circumstances of the case,
submissions made by learned counsel for appellant as also period
of sentence and further that the appellant was on bail during trial, I
am inclined to allow I.A. 01/2024.
Accordingly, I.A. No. 01/2024 is allowed and it is directed
that substantive jail sentence of appellant shall remain suspended
during the pendency of this appeal and he be released on bail upon
furnishing a bail bond in the sum of ₹ 25,000/- with one surety in
the like sum to the satisfaction of concerned Court below, for his
appearance before the Registry of this Court on 28.10.2025.
Thereafter, he shall appear before the trial Court on the date to be
given by the Registry of this Court and will continue to appear there
on all such dates before trial Court till disposal of this appeal.
List this case for final hearing in due course.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
JUDGE
pwn
