Chattisgarh High Court
Shriram Karma @ Guddu vs State Of Chhattisgarh on 29 November, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 704 of 2021
Shriram Karma @ Guddu S/o Budhuram Karma, aged about 27 years, R/o
Chidpal Deng Aamapara, Thana Darbha, District: Baster, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh through Police Station: Kotwali, District Baster, Chhattisgarh.
---- Respondent
29.11.2021 Mr. Alok Kumar Dewangan, Counsel for the appellant.
Mr. Ashish Gupta, P.L. for the State/Respondent.
Heard I.A. No.1/2021, an application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 15.03.2021 passed in
Special Sessions Trial No.44/2018 by learned Additional Sessions
Judge, (FTC) Jagdalpur, District: Bastar, Chhattisgarh, the appellant
stands convicted as mentioned below:
Conviction Sentence In Default
U/s 341 of IPC SI for 1 month with a In default of payment
fine amount of of fine amount
Rs.100/- additional
imprisonment for 10
days.
U/s 343 of IPC RI for 1 year with a In default of payment
fine amount of of fine amount
Rs.100/- additional
imprisonment for 10
days.
U/s 363 of IPC RI for 7 years with a In default of payment
fine amount of of fine amount
Rs.500/- additional
imprisonment for 1
month.
U/s 366 of IPC RI for 10 years with a In default of payment
fine amount of of fine amount
Rs.500/- additional
imprisonment for 1
month.
U/s 6 read with RI for 10 years with a In default of payment
Section 17 of fine amount of of fine amount
POCSO Act, 2012 Rs.500/- additional
imprisonment for 1
month.
Learned counsel for the appellant submits that the appellant
has wrongly been convicted by the Trial Court without there being
any sufficient evidence available on record. He submits that on
perusal of the statement of prosecutrix, it appears that there was a
love relationship between prosecutrix and the juvenile co-accused
Pintu Sharma and all the allegations regarding commission of rape
are against the co-accused Pintu Sharma. He further submits that
the appellant was on bail during trial and he had not misused the
liberty granted in favour of him and after the judgment of the Trial
Court he is in jail since 15.03.2021 and appeal is likely to take some
more time to be finalized. Hence, it is prayed the appellant may be
granted bail.
On the other hand, learned counsel for the State has opposed
the bail application and submissions made in this respect.
Heard both the parties and perused the record of the Trial
Court.
Considered all the submissions and perused the statement of
prosecutrix and other witnesses of this case. After considering the
fact that during trial the appellant was on bail and also considering
the fact that the main allegation of commission of rape are against
co-accused person namely Pintu Sharma. I am inclined to release
the appellant on bail during the pendency of this appeal.
Execution of substantive jail sentences imposed upon the
appellant shall remain suspended during the pendency of this
appeal and he shall be released on bail on executing a personal
bond for a sum of Rs.25,000/- with one solvent surety for the like
sum to the satisfaction of the Trial Court for his appearance before
the Registry of this Court on 01.02.2022. 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.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
