Chattisgarh High Court
Bansh Bahadur Murum vs State Of Chhattisgarh on 3 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 438 of 2021
Bansh Bahadur Murum S/o Rooplal Aged About 36 Years R/o Village Ghaghara P.S.
Pasta, District : Balrampur-Ramanujganj, Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh through The Station House Officer P.S. Pasta District: Balrampur-
Ramanujganj Chhattisgarh.
---- Respondent
03.08.2021 Mr. A.N. Pandey, Counsel for the Appellant.
Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.
Heard on I.A. No. 01/2021, an application for suspension of sentence
and grant of bail to the Appellant.
By the impugned judgment date 12.03.2021 passed in Sessions Trial
No.R-86/2016 by the Additional Session Judge, Ramanujganj, District:
Balrampur-Ramanujganj (C.G.) the Appellant stands convicted as mentioned
below:
Conviction Sentence In Default
U/s 376 of IPC RI for 10 years with a In default of payment of
fine amount of fine amount additional RI
Rs.1,000/- for 06 months.
U/s 450 of IPC RI for 10 years with a In default of payment of
fine amount of fine amount additional RI
Rs.1,000/- for 06 months.
U/s 506 of IPC RI for 01 year None.
Learned counsel for the Appellant submits that the Appellant has been
wrongly convicted by the Trial Court in the judgment without there being any
sufficient evidence available on record. He submits that prosecutrix is a
married lady aged about 25 years. On perusal of her statement, it appears that
due to some previous dispute, the Appellant has been falsely implicated in the
present case. He also submits that for the sake of argument, if the entire case
of the prosecution is taken as it is, it appears that prosecutrix was a consenting
party. He further submits that during trial the Appellant was on bail and after the
judgment of the Trial Court, he is in jail since 12.03.2021. Hence, it is prayed
that his application be allowed.
On the other hand, Learned counsel for the State has opposed the bail
application and submissions made in this respect.
Heard both the parties and perused the record of the Trial Court.
After perusing the impugned judgment, statements of witnesses and
considering the fact that during trial the Appellant was on bail and he has not
misused the liberty given to him, for these reasons, I am of this opinion that it
will be proper to release the Appellant on bail during the pendency of this
appeal.
Execution of substantive jail sentences imposed upon the appellant
shall remain suspended during the pendency of this appeal and he shall be
released on bail on executing a personal bond for a sum of Rs.25,000/- with
one solvent surety for the like sum to the satisfaction of the Trial Court for his
appearance before the Registry of this Court on 30.11.2021. He shall
thereafter appear before the 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 them by the said Court, till the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Saurabh
Judge
