Dhaniram vs State Of Chhattisgarh
2021 Latest Caselaw 2173 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                            CRA No. 425 of 2020

• Dhaniram, S/o Bisu Maadiya, Aged about 22 years, R/o Pamela, Thothapara,
  Thana- Parpa, District- Bastar (C.G.).                     ---- Appellant

                                   Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station-
  Frazarpur, District Bastar (C.G.).                   ---- Respondent

06.09.2021 Mr. Hari Agrawal, counsel for the Appellant.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent. Heard on I.A. No. 01/2020, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 13.02.2020 passed in Sessions Case No. 13/19 by the Additional Sessions Judge (F.T.C.), Bastar, Jagdalpur (C.G.) the appellant stands convicted as mentioned below:

                  Conviction              Sentence               In Default

             u/S 376 of IPC        RI for 10 years and In         default       of
                                   fine     amount     of payment      of     fine
                                   Rs.25,000/-.             amount    additional
                                                            RI for 06 months.

             u/S 457 of IPC        RI for 05 years and In         default       of
                                   fine     amount     of payment      of     fine
                                   Rs.10,000/-.             amount    additional
                                                            RI for 02 months.

Learned counsel for the appellant submits that the appellant has been wrongly convicted by the trial Court in the judgment without there being any sufficient evidence available on record. He submits that from perusal of statement of the prosecutrix (PW-02), it appears that she was consenting party. He further submits that the appellant is in jail since 18.03.2019 and appeal is likely to take some more time to be finalized. Hence, it is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed the bail application.

Heard both the parties.

I have gone through the statement of the witnesses and other materials available on record. After perusal of the statement of the prosecutrix (PW-02) without further commenting on other merits of the case, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

On 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. 20,000/- 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 10.12.2021. 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.

List this case for final hearing in its due course.

Sd/-

Vasant (Arvind Singh Chandel) Judge