Mohd. Hussain @ Salim vs State Of Chhattisgarh
2022 Latest Caselaw 4930 Chatt

                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                          ORDER SHEET
                                       CRA No. 1226 of 2021
     Mohd. Hussain @ Salim S/o Shri Mohd. Ali, Aged About 40 Years R/o Santoshi
      Nagar, Taj Nagar, P.S. Tikrapara, Raipur, District Raipur Chhattisgarh. ---- Appellant
                                                  Versus
     State Of Chhattisgarh Through P.S. Tikrapara, Raipur, District Raipur Chhattisgarh.

                                                  ---- Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sanjay S. Agrawal

02.08.2022 Shri Vivek Sharma, counsel for the Appellant.

Shri Sudeep Verma, Dy. G.A. for the State/Respondent.

Heard on I.A No.01/2021, an application filed under Section 389 of

Criminal Procedure Code for suspension of sentence and grant of bail.

By the impugned judgment and order of sentence dated 30.09.2021 passed by Additional Sessions Judge, First Fast Track Special Court, Raipur (C.G.) in Special Criminal Case No. 55/2019, the appellant has been convicted and sentenced as under:-

Conviction Sentence

Offence U/s 376 (AB) of Life Imprisonment (till remainder of natural I.P.C. life) and fine of Rs. 50,000/-, each (in default 1 year R.I.)

Learned Counsel for the Appellant submits that the Medical Report of Dr. Sudha Samuel (PW-07) has not supported the prosecution case and the Appellant has been falsely implicated in the matter and he is not involved in the crime in question. He submits further that the Appellant is in jail since 14.03.2019, and therefore, he may be released on bail.

On the other hand, learned state counsel opposes the bail application on the submission that taking into consideration particularly the statement of prosecutrix/victim (PW-01), and taking into consideration the age of her to be 8 years at the time of offence and further taking into consideration the F.S.L. Report (Ex.P-25), which was approved by the Salik Ram Sahu (PW-05), wherein the human sperm was found in the article A and B, the present appellant is not entitled to be released on bail.

We have heard learned counsel for the parties and perused the entire record carefully.

Taking into consideration the submission made by learned counsel for the parties as also considering the material available on record, particularly the statement of prosecutrix/victim (PW-01), and taking into consideration the age of her to be 8 years at the time of offence and further taking into consideration the F.S.L. Report (Ex.P-25), which was approved by the Salik Ram Sahu (PW-

05), wherein the human sperm was found in article A and B, we do not find it to be a fit case for suspension of sentence and grant of bail.

Accordingly I.A. No.01/2021, an application filed under Section 389 of Criminal Procedure Code for suspension of sentence and grant of bail is rejected.

                      Sd/-                                            Sd/-
               (Sanjay K. Agrawal)                               (Sanjay S. Agrawal)
                   JUDGE                                               JUDGE



vivek