Kripashankar Rajwade vs State Of Chhattisgarh
2021 Latest Caselaw 2005 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                             CRA No. 396 of 2020

Kripashankar Rajwade S/o Somar Sai Rajwade, aged about 20 years, R/o Village
Belbahara (Rajwaripara) Police Station Manendragarh, District Koriya
Chhattisgarh.

                                                                      ---- Appellant

                                   Versus

State of Chhattisgarh through The District Magistrate, Baikunthpur, District Koriya
Chhattisgarh.

                                                                 ---- Respondent

25.08.2021 Mr. Shivendu Pandya, Counsel for the appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent.

Heard on admission.

Admit.

Also heard I.A. No.1/2020, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 25.02.2020 passed in

Special (Atrocities) Case No.38/2016 by learned Special Judge,

Baikunthpur, District: Koriya (C.G.) the appellant stands convicted

as mentioned below:

Conviction Sentence In Default

U/s 376 (2) (n) of RI for 10 years with a In default of payment IPC fine amount of of fine amount Rs.5,000/- additional RI for 03 months.

U/s 366 of IPC           RI for 05 years with a In default of payment
                         fine    amount      of of     fine    amount
                         Rs.5,000/-             additional RI for 03
                                                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. He

submits that there was a love relationship between the prosecutrix

and the appellant due to which she herself left her house and joined

the company of the appellant with her own will. He further submits

that the appellant was on bail during trial and presently he is in jail

since 25.02.2020 and appeal is likely to take some more time.

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.

I have perused the impugned judgment, statements of the

witnesses and other material available on record. Considering the

age of the prosecutrix and that there was a love relationship

between the appellant and prosecutrix and further considering the

fact that the appellant is in jail since 25.02.2020, 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.

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 23.11.2021. 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 due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh