Saman Lal Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 196 Chatt

                                                                                           NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 134 of 2021

   • Saman Lal Sahu S/o Tuka Ram Sahu Aged About 43 Years R/o Village Khapari, Police
     Station Dhamdha, District Durg, Chhattisgarh.

                                                                                    ---- Appellant

                                            Versus

   • State Of Chhattisgarh Through- Police Of Police Station Dhamdha, District Durg,
     Chhattisgarh.

                                                                               ---- Respondent

08/06/2021 Shri N.S. Dhurandhar, Counsel for the Appellant.

Shri H.S. Ahluwalia, Dy. A.G. for the State/Respondent. Heard I.A. No. 01/2021, application for suspension of sentence and grant of bail.

By the impugned judgment dated 22.01.2021 passed by the Additional Sessions Judge, (FTC), District Durg (C.G.), in Sessions Trial No.124/2017, appellant stands convicted for the offence punishable under Section 376(1) of the I.P.C. and sentenced to undergo R.I. for 10 years and fine of Rs.2,000/-, with default stipulations.

Learned Counsel appearing for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. Referring to the statement of the prosecutrix (PW-1) and paragraph 10 & 11 of her cross-examination, learned Counsel submits that prosecutrix has admitted the fact that she was the consenting party. At the time of alleged incident, husband of the prosecutrix came at the spot, therefore, the matter was reported. He further submits that during trial appellant was on bail and he has not mis-used the liberty granted to him. Therefore, it is prayed that the sentence imposed upon the appellant may be suspended and he may be released on bail.

On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction.

Heard both the parties.

Considering the above facts and circumstances of the case, Court statement of the prosecutrix and also for the reasons that there is no likelihood of this appeal to come up for final hearing in near future, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

Accordingly, I.A. No. 01/2021 is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 20,000/- with one solvent surety in the like sum to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 08.12.2021. He shall thereafter appear before the Trial Court on a date 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 disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Prakash