Chattisgarh High Court
Anand Singh Kunjam vs State Of Chhattisgarh on 25 February, 2022
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CR.A. No. 217 of 2020
Anand Singh Kunjam, S/o. Ramdev Kunjam, aged about 27 years, R/o. Badal,
Kumharpara, Police Station- Narharpur, District- Bastar, Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, through : the Station House Officer, Police Station Kanker,
District North Bastar Kanker, Chhattisgarh.
---- Respondent
Mr. D.N. Prajapati, counsel for the appellant.
25/02/2022
Mr. Devesh Verma, G.A. for the State.
Heard on I.A. No.1, application under Section 389 of Cr.P.C.
for suspension of sentence and grant of bail.
Appellant has been convicted by the judgment of conviction
and order of sentence dated 31.01.2020, passed in S.T.
No.17/2019, by the learned Additional Sessions Judge (F.T.C.),
North Bastar Kanker (C.G.) in the following manner with a direction
to run both the sentences concurrently :-
U/s. 366 of the I.P.C. : R.I. for 6 years and fine of
Rs.2000/-, in default of payment
of fine 2 months R.I.
U/s. 376 (2) (<)of I.P.C. : R.I. for 15 years and fine of
Rs.5,000/- and in default of
payment of fine, further undergo
six months rigorous
imprisonment more.
Learned counsel appearing for the appellant would submit
that the conviction under Section 376 of I.P.C. against the appellant
is totally erroneous and without the evidence of prosecution brought
beyond reasonable doubt. The prosecutrix was major on the date of
incident, she has continuously submitted herself for physical
relation to the appellant. FIR has been lodged after she became
pregnant only to pressurize the appellant. Therefore, the
prosecutrix was consensual party and the complaint against the
appellant is totally false. There is likelihood of delay in final hearing
of this appeal. Therefore, it is prayed that the sentence awarded to
the appellant may be suspended and he may be enlarged on bail.
Per contra, the learned State counsel opposes the prayer for
suspension of sentence and grant of bail. It is submitted that the
appellant was already married and on the pretext of marrying the
prosecutrix, he exploited her sexually, therefore, no case is made
out for grant of bail.
We have heard the learned counsel for the parties and
perused the records of the trial Court.
Considered on the submissions and perused the evidence
present in the record of the case. After considering on the
submissions and the evidence present on record and also taking
into consideration the fact that the there is likelihood of delay in final
hearing of this appeal, we are of this opinion that it is a fit case to
suspend the sentence and release the appellant on bail.
Accordingly, I.A. No.1, application for suspension of sentence
and grant of bail, is allowed.
Execution of substantive jail sentence imposed on appellant
shall remain suspended and he is directed to be released on bail on
his executing a personal bond for a sum Rs.25,000/- with one
surety for the like sum to the satisfaction of the trial Court for his
appearance before the Registry of this Court on 13th June, 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 his by the said
Court, till the disposal of this appeal.
Certified copy as per rules.
Sd/- Sd/-
(R.C.S. Samant) (Arvind Singh Chandel)
Judge Judge
balram
