Chandan Singh Chadak vs State Of Chhattisgarh
2022 Latest Caselaw 7518 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                Cr.A. No. 1241 of 2022

    Chandan Singh Chadak Kawal Singh Chadak Aged About 27 Years R/o
    Harshadabbar, Police Station - Visnah, District Jammu - Kashmir
                                                                      ---- Appellant
                                                                             (In Jail)
                                     Versus
    State Of Chhattisgarh Through Police Station - Kabir Nagar, District Raipur
    (C.G.)
                                                                    ---Respondent

13.12.2022 Shri Kishore Bhaduri, Senior Advocate along-with Shri Sunny Agrawal and Shri Khulesh Sahu, Advocates for the appellant.

Ms. Ishwari Ghritlahre, P.L. for the State/respondent. Heard on I.A.No. 01/2022, which is an application filed under Section 389 of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has preferred this appeal against the order of conviction and sentence passed in Session Trial No. 57/2019 decided on 02/08/2022 by the Additional Session Judge, Fast Track Court (POCSO), Raipur, District - Raipur (C.G.) by which the appellant has been convicted for commission of offence and sentence for commission of offence under Section 376 (2)(N) of the POCSO Act, 2012 for 10 years rigorous imprisonment and fine of Rs. 2000/- in default of payment of fine to undergo additional S.I. for 06 months.

Learned counsel for the appellant would submit that there is love relationship between victim and appellant since year 2012 and P.W. 1 has admitted in the cross-examination that they have love relationship for last 05 years and 06 months and in para-30 she has admitted that when the appellant

has refused to marry her then on 10/08/2022 she has lodged F.I.R. against the appellant. It is not also in dispute that she is not a minor girl, she is well qualified girl and did M.B.A. and her date of birth is 31 st August, 1990. She was also stated she is a mature girl and also admitted that when the appellant has made sexual intercourse with her, neither she raised objection nor lodged F.I.R.. He would further submit that during trial the appellant was granted anticipatory bail by this court and after conviction appellant is remained in jail for 04 months. He would submit that the issue has already been examined by the Hon'ble Supreme Court in matter of (2020) Vol-10 SCC 108 in Maheswar Tigga Vs. State of Jharkhand and referred to para - 20 of the judgment. Therefore, the appellant may be released on bail.

On the other hand learned counsel for the State opposes the submission and would submit that the clinching evidence of the appellant, therefore, the conviction is legal and justified does not warrant any interference, therefore, he does not entitled to be released on bail.

I have heard learned counsel for the parties and perused the record.

Considering the fact of the case, particularly the statement of the victim at the time of incident age of the victim is at about 27 years and she has lodged the FIR only when appellant refused to marry her and she has also stated that in her cross examination that she has never made objection when appellant made sexual intercourse with her and further considering the fact that is love affair between them and also considering the judgment of Hon'ble Supreme Court in the matter of (2020) Vol-10 SCC 108 in Maheswar Tigga Vs. State of Jharkhand, the appeal is of the year 2022 and hearing of appeal is likely to take sometime till final disposal of the case, I am inclined to suspend the sentence of the appellant and grant of bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail

sentence of the appellant shall remain suspended and he shall be released on bail executing a personal bond in sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 24th January, 2023. 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. It is made clear that for appearance of the appellant before the trial court the interval between the dates to be given by the trial court should be three months.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

Ashish