Biselal vs State Of Chhattisgarh
2021 Latest Caselaw 1900 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                           CRA No. 147 of 2020

• Biselal, S/o Shri Bhaduram Kanwar, Aged about 23 years, R/o- Village
  Kolihalamti, Police Station- Gendatola, Rajnandgaon (C.G.).

                                                                    ---- Appellant

                                  Versus

• State of Chhattisgarh, Through- Police Station- Gendatola, District-
  Rajnandgaon (C.G.).

                                                                 ---- Respondent

23.08.2021 Mr. Shaleen Singh Baghel, counsel for the Appellant.

Mr. Ravi Maheshwari, P.L. for the State/Respondent. Heard on I.A. No. 01/2020, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 31.12.2019 passed in Special Criminal Case No. 25/2018 by the Additional Sessions Judge, Fast Track Special Court (POCSO), Rajnandgaon (C.G.) the appellant stands convicted as mentioned below:

                  Conviction              Sentence          In Default

             u/S 376 of IPC        RI for 10 years and In     default       of
                                   fine    amount    of payment     of   fine
                                   Rs.2,000/-.          amount     additional
                                                        RI for 06 months.

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. From the evidence adduced by the prosecution, as observed by the trial Court, there is no dispute on the point that there was a love relationship between the appellant and the prosecutrix. It has been argued by learned counsel for the appellant that the prosecutrix (PW-05) and the appellant were seen together in the field by Nainuram Dhankar (PW-01), therefore, on presurre of the parents of the prosecutrix (PW-05) after five days of the incident false and fabricated report has been lodged regarding commission of rape against the appellant by the father of the prosecutrix, entire story is narrated by the prosecution is suspicious. He lastly submits that the appellant is in jail since 17.05.2018 and appeal is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed the bail application and supported the impugned judgment.

Heard both the parties.

Perused the statements of the witnesses and other materials available on record. After going through the statements of the prosecutrix (PW-05) and other witnesses and further considering the fact that the appellant is in jail since 17.05.2018. Without further commenting on other merits of the case, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

On 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. 20,000/- 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 him by the said Court, till the disposal of this appeal.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant