Chattisgarh High Court
Shekhar Jagne vs State Of Chhattisgarh on 19 May, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 263 of 2021
Shekhar Jagne S/o Shankar Jagne, R/o Block No.- 10, Room No. 19,
B.S.U.P. (Khalbaada), P.S. Vidhan Sabha, Distt.- Raipur (Chhattisgarh)
---- Appellant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Vidhan
Sabha, District Raipur (Chhattisgarh)
----Respondent
19/05/2021 Shri Rajesh Roshan Singh, counsel for the appellant.
Ms. Sunita Jain, G.A. for the State.
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 21/01/2021
passed in Special Criminal Case No.136/2018 passed by the Additional
Sessions Judge, First Fast Track Special Court, Raipur (C.G.) in the
following manner with a direction to run all the sentences concurrently:-
U/s 376 of IPC : RI for 10 years and fine of Rs.5000/-, in
default of payment of fine, to undergo
further RI for 3 months.
U/s 342 of IPC : RI for 2 months and fine of Rs.200/-, in
default of payment of fine, to undergo
further RI for 7 days.
U/s 506 of IPC RI for 1 year and fine of Rs.500/-, in
default of payment of fine, to undergo
further RI for 15 days.
Learned Counsel for the appellant submits that the prosecutrix
was more than 17 years of age on the date of incident and they were in
love affair which was not accepted by the parents. Subsequently they
have performed marriage which would be evident from the bail order
and the affidavit which is filed as Annexure A-3, therefore the appellant
may be released on bail.
Learned State Counsel opposes the prayer for grant of bail.
Perused the statement of the prosecutrix PW-1. After
consideration of the statement, prima facie it shows that the prosecutrix
was more than 17 years on the date of incident and thereafter taking
into fact copy of the affidavit which was earlier filed would show that
appellant and the prosecutrix have performed marriage, therefore 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 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
