Ramsundar vs State Of Chhattisgarh
2021 Latest Caselaw 356 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                           CRA No. 865 of 2019

 Ramsundar S/o Late Devsai Pando, aged about 60 years, R/o Village Pandonagar,
 Police Station: Jainagar, District : Surajpur, Chhattisgarh

                                                                  ---- Appellant

                                   Versus

 State of Chhattisgarh Through Station House Officer, Police Station Jainagar,
 District : Surajpur, Chhattisgarh

                                                                ---- Respondent

16.06.2021 Mr. C.R. Sahu, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard I.A. No. 01/2019, an application for suspension of

sentence and grant of bail to the Appellant.

By the impugned judgment date 04.04.2019 passed in S.T.

No.66/2017 by the learned Additional Sessions Judge (F.T.C.)

Surajpur, District: Surajpur (C.G.) the Appellant stands convicted

as mentioned below:

                 Conviction             Sentence            In Default

             U/s 376 of IPC        RI for 07 years and In      default    of
                                   fine   amount     of payment of fine
                                   Rs.3,000/-.          amount additional
                                                        RI for 06 months.

             U/s 324 of IPC        RI for 01 year.

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 initially offence under Section 294, 506,

323, 354/34 of IPC were registered against the Appellant and

later on offence under Section 376 was added. He further

submits that the entire story narrated by the prosecutrix is false

and fabricated. He lastly submits that the Appellant is in jail since

08.08.2017. 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 entire record and perused the

statements of PW-11 i.e. victim girl and PW-07 Dr. J.P. Sahu.

After perusal of the above statements, I am of this opinion that it

is not a fit case for grant of bail to the Appellant during the

pendency of this appeal.

Accordingly, I.A. No.01/2019 is rejected.

List this case for final hearing in due course.

Sd/-

Saurabh                                   (Arvind Singh Chandel)
                                                 Judge