Abhishek Verma vs State Of Chhattisgarh

Heard on I.A. No. 01/2020, which is the application for suspension of sentence and grant of bail.

The appellant has been convicted by the judgment/ order dated 28.02.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act,

Durg Distt. Durg (C.G.) in POCSO/ Special Case No. 10/2020 and Crime No. 245/2018 for the offences punishable under Section 4 of the Protection

of Children from Sexual Offences Act 2012, Sections 363 & 366 of IPC and sentenced to undergo R.I. for 7 years, R.I. for 4 years & R.I. for 5

years with fine of Rs. 1,000/-, Rs. 500/- & Rs. 500/- respectively with usual default stipulations.

Learned counsel for the appellant would submit that the appellant was on bail during the trial. He further submits that the prosecutrix was in love

relation with the appellant and because they belong to different castes, prosecutrix's father was against their will, as such the report was made.

Learned State counsel opposes the submission.

Perused the statement of PW-1 prosecutrix and PW-3. Considering the submission made and the fact that the prosecutrix's aged was more than 17

years at the time of incident as also the fact that the appellant was on bail during the trial, the appeal is of the year 2018 and hearing on merits will

likely to take time, I am inclined to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.01/2020 application for suspension of sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail 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 concerned Trial Court for his appearance before the

Registry of this Court on 4th October, 2021. 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, till the disposal of this appeal.

Consequently, I.A. No. 01/2021, application for urgent hearing & I.A. No. 02/2021 application for hearing during summer vacation stands disposed

off.