Shivkumar Ram vs State Of Chhattisgarh
2021 Latest Caselaw 800 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                            CRA No. 1537 of 2019

 Shivkumar Ram S/o Dhaneshwar Ram Aged About 28 Years R/o Village Of
 Victim, Police Station Tapkara, District : Jashpur, Chhattisgarh

                                                                  ---- Appellant

                                  Versus

 State of Chhattisgarh through Station House Officer, Police Station -
 Tapkara, District : Jashpur, Chhattisgarh

                                                                ---- Respondent

02.07.2021 Mr. G.V.K. Rao, Counsel for the Appellant.

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

Heard on admission.

Admit.

Also heard I.A. No. 01/2019, an application for suspension

of sentence and grant of bail to the Appellant.

By the impugned judgment date 29.08.2019 passed in

Special Criminal (SC & ST Act) No.15/2018 by the Special Judge

(SC & ST Act), Jashpur, District: Jashpur (C.G.) the Appellant

stands convicted as mentioned below:

     Conviction             Sentence             In Default

U/s 450 of IPC        RI for 05 years and In      default    of
                      fine   amount     of payment of fine
                      Rs.1,000/-.          amount additional
                                           RI for 03 months.

U/s 376 of IPC        RI for 07 years and In      default    of
                      fine   amount     of payment of fine
                      Rs.1,000/-.          amount 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. Referring to the statements of the prosecutrix i.e PW-02,

he submits that on perusal of her statement it appears that she

was a consenting party and since she was a consenting party,

therefore, conviction of the Appellant is not sustainable. He lastly

submits that the Appellant is in jail since 12.07.2018. 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.

I have gone through the statement of the prosecutrix and

the entire record. After perusal of the statement of prosecutrix

and considering the fact that the Appellant is in jail since 12.07.2018, 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 06.12.2021. 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) Saurabh Judge