Hem Singh Merawi vs State Of Chhattisgarh
2021 Latest Caselaw 2490 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                               Order Sheet

                         CRA No. 1953 of 2017

Hem Singh Merawi S/o Jethulal Merawi, aged about 27 years, R/o Sahjar Baniya,
Police Station: Mohgaon, District Mandala, Madhya Pradesh Presently At
Umarjhola. Police Station Gadhi, District: Balaghat Madhya Pradesh, Civil And
Revenue District: Balaghat, Madhya Pradesh.

                                                                     ---- Appellant

                                 Versus

State of Chhattisgarh through Police Station: Chilfi, District Kabirdham
Chhattisgarh.

                                                                ---- Respondent

22.09.2021 Mr. Devesh Chandra Verma, Counsel for the appellant.

Mr. Sushil Sahu, P.L. for the State/Respondent.

Heard on admission.

Admit.

Also heard I.A. No.1/2017, an application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment date 13.11.2017 passed in

Sessions Trial No.30/2017 by learned Additional Sessions Judge

(FTC), Kabirdham, Chhattisgarh, the appellant stands convicted as

mentioned below:

      Conviction                Sentence               In Default

U/s 376 of IPC            RI for 7 years with a In default of payment
                          fine    amount     of of     fine    amount
                          Rs.2,000/-            additional RI for 6
                                                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 on perusal of the statement of prosecutrix, it appears

that she was the consenting party. Since, the husband of the

prosecutrix has seen her with the appellant on compromising

position, therefore, matter was reported. He further submits that the

appellant is in jail since 28.03.2017 and appeal is likely to take

some more time to be finalized. Hence, it is prayed that his

application be allowed.

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.

I have perused the impugned judgment and statement of the

witnesses. After perusal of the statement of prosecutrix (PW-1).

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.

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 13.12.2021. 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 due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh