Anil Kumar Kashyap vs State Of Chhattisgarh
2021 Latest Caselaw 3303 Chatt

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              HIGH COURT OF CHHATTISGARH, BILASPUR
                           Order Sheet
                          Criminal Appeal No. 845 of 2021

   Anil Kumar Kashyap S/o Rakesh Kumar Kashyap, aged about 26 years, R/o Village
    and post Ravli, Police Station Mandavar, District Bijnour (U.P.)

                                                                             ----- Appellant   s




                                       versus
   The State of Chhattisgarh, Through : In-Charge Police Chouki Maro at Police Station
    Nandghat, District Bemetara (C.G.)
                                                                   ----- State/Respondent

24/11/2021 Shri Rajkumar Pali, Advocate for the appellant.

Dr.(Ms.) Veena Nair, Deputy Advocate General for the State. Heard.

Admit.

Also heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 04.08.2021 passed by the First Additional Sessions Judge (F.T.C.), Bemetara, District Bemetara (C.G.) in S.T. No. 38/2018, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                   Under Section 376 of the Indian         R.I. for ten years and fine of
                   Penal Code (hereinafter referred        Rs.1,000/-,    in   default of
                   to as the 'IPC')                        payment of fine to further
                                                           undergo R.I. for one month

Considering the material available on record, particularly considering

the deposition of the prosecutrix and the fact that the prosecutrix and the

appellant both were acquainted with each other since 2012, in the year 2015

first physical relation was allegedly made by the appellant with the prosecutix

against her will, thereafter they visited many places and made physical

relation, F.I.R. was lodged in the year 2018, there is long delay of about 03

years in lodging the F.I.R., no report was lodged or any complaint was made

during this period, the contents of the F.I.R., detention period of the appellant,

during trial he was on bail & did not misuse the liberty, and disposal of this

appeal is likely to take some time, without further commenting on merit, I am

of the opinion that present is a fit case to suspend the jail sentence imposed

upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon appellant shall remain suspended during the pendency of this appeal

and he shall be released on bail on his furnishing a personal bond in the sum

of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the

trial Court. He shall appear before the Registry of this Court on 24th January,

2022 and thereafter shall appear before the trial Court on a date to be given

by the Registry and shall continue to appear there on all such dates as are

given to him by the said Court till disposal of this appeal.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti