Chattisgarh High Court
Digvijay Dahare vs State Of Chhattisgarh on 19 May, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 55 of 2021
Digvijay Dahare S/o Mohanlal Dahare, Aged About 31 Years R/o Village
Thathari, P.S. Baradwar, District Janjgir Champa (Chhattisgarh) Presently R/o
CHC Baloda, P.S. Baloda, District Janjgir Champa Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through The P.S. Janjgir, District Janjgir Champa
Chhattisgarh.
----Respondent
19/05/2021 Shri Anchal Kumar Matre, counsel for the appellant.
Shri Vimlesh Bajpai, G.A. for the State.
Shri Parasmani Shrivas, counsel for the objector.
Heard on I.A. No.01/2021 bail application for suspension of sentence
and grant of bail.
Appellant has been convicted by the judgment dated 28/12/2020
passed in Sessions Case No.54/2018 passed by the Additional Sessions
Judge (FTC), Janjgir, District Janjgir-Champa (C.G.) in the following manner
with a direction to run all the sentences concurrently:-
U/s 376 of IPC : Imprisonment for 7 years and fine of
Rs.1000/-, in default of payment of fine,
to undergo further imprisonment for 1
year
U/s 450 of IPC : Imprisonment for 3 years and fine of
Rs.500/-, in default of payment of fine, to
undergo further imprisonment for 6
months
U/s 506 Part II of IPC Imprisonment for 2 years and fine of
Rs.500/-, in default of payment of fine, to
undergo further imprisonment for 3
months
Learned Counsel for the appellant submits that the prosecutrix is
married lady of 30 years having two children and she was a consenting party
and the alleged incident though is said to have been on 31/12/2017,
complaint was made after 30 days after long gap on 23/01/2018 and cross
examination and map would show that she was a consenting party, therefore
the appellant may be released on bail.
Learned State Counsel and counsel for the objector opposes the
prayer for grant of bail and would submit that the appellant forcefully
committed sexual intercourse with the prosecutrix.
Perused the statement of the prosecutrix PW-2 and the husband PW-
3. After perusal of the statement and the cross examination alongwith map of
the site wherein incident alleged to have happened the children of the
prosecutrix appears to have been present in near by place and after perusal
of the medical report, I am inclined to release the appellant on bail.
Accordingly, I.A. No.01/2021 bail application for suspension of
sentence and grant of bail is allowed.
Execution of further substantive jail sentence imposed on appellant
shall remain suspended and he is directed to be released on bail on his
executing a personal bond for a sum Rs.25,000/- with one surety for the like
sum to the satisfaction of the trial Court for his appearance before the
Registry of this Court on 4th 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 this appeal.
In view of the above, I.A. No.02/2021 & I.A. No.4/21 application for
urgent hearing and I.A. No.03/2021 application for hearing the case during
summer vacation stand disposed of. Sd/-
(Goutam Bhaduri)
Vacation Judge
gouri
