Jitendra Nath Tripathi @ Raju vs State Of Chhattisgarh
2021 Latest Caselaw 128 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         CRA No. 341 of 2021

    Jitendra Nath Tripathi @ Raju S/o Dhaneshnath Tripathi Aged About 22 Years R/o
    Village Khadgawan, Gajmarwapara, P.S. Khadgawan, Distt. Koriya (Chhattisgarh),
    District : Koriya (Baikunthpur), Chhattisgarh                  --- Applicant
                                          Versus
    State of Chhattisgarh through District Magistrate Koriya District : Koriya (Baikunthpur),
    Chhattisgarh                                                            --- Respondent

19.05.2021 Mr. Pragalbha Sharma, counsel for the Appellant.

Mr. Sudeep Verma, Dy. Govt. Advocate, for the State. Heard on I.A.No. 1/2021 for suspension of sentence and grant of bail to the appellant.

The appellant stands convicted by the judgment dated 02.03.2021

passed by the learned Additional Sessions Judge (FTC), Manendragarh,

District Koriya (C.G) in Sessions Case No.54/2018 for the offence

punishable u/s 376(2)(n) of IPC and sentenced to undergo rigorous

imprisonment for 10 years with further default stipulation.

Learned counsel for the appellant would submit that the incident

took place between 01.11.2016 and 06.06.2017 and the prosecutrix was a

major lady and consenting party. Subsequently since the marriage could

not happen, a report was made. He submits that the appellant was on bail

during trial and did not misuse the liberty granted to him, therefore, the

substantive jail sentence imposed against him may be suspended and he

may be released on bail during the pendency of appeal.

Per contra, learned State Counsel opposes the prayer.

Perused the statement of prosecutrix (P.W.1) and the statement of

Doctor (P.W.5). Considering such statements as also the fact that the

appellant was on bail during trial and did not misuse the liberty granted to him and hearing of the appeal on merits will take time, I am inclined to

suspend the substantive jail sentence of the appellant and release him on

bail.

Accordingly, I.A.No.1/2021 is allowed and it is directed that the

execution of further substantive jail sentence of the appellant shall remain

suspended and he shall be released on bail on his executing a personal

bond in sum of Rs.25,000/- with one surety in the like sum to the

satisfaction of the trial Court for his appearance before the Registry of this

Court on 24th August, 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 the appeal.

Accordingly, I.A.No.3 for hearing the case during summer vacation

and I.A.No.2 for urgent hearing stand disposed of.

Cc as per rules.

Sd/-

GOUTAM BHADURI VACATION JUDGE

Rao