Digeshwar Alis Dikeshwar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 924 Chatt

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                                                                                     NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 1271 of 2021

   Digeshwar Alis Dikeshwar Sahu, S/o Rohit Sahu, aged about 23 Years, R/o Village
    Sarda Near Petrol Pump, P.S. Berla District Bemetara, Chhattisgarh.

                                                                               ---- Appellant

                                          Versus

   State of Chhattisgarh, Through Station House Officer, Police Station Berla,
    District- Bemetara, Chhattisgarh.

                                                                            ---- Respondent

22/02/2022 Ms. Usha Chandrakar, counsel for the appellant.

Mr. Amit Kumar Verma, P.L. for the State.

Heard on I.A. No.01 of 2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 01.09.2021 passed by the First

Additional Sessions Judge (F.T.C.), District Bemetara, C.G. in Sessions Trial

No.13/2021, the appellant stands convicted and sentenced as under:-

Conviction Sentence

Under Section 376 (2)(n) of Rigorous Imprisonment for ten Indian Penal Code years and fine of Rs.2,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months

Under Section 506 Part II of Rigorous Imprisonment for two Indian Penal Code years and fine of Rs.1,000/-, in default of payment of fine amount

to undergo further additional rigorous imprisonment for one month

(Both sentences were directed to run concurrently)

Considering the facts and circumstances of the case, the fact that the

appellant and the prosecutrix were having love affair from 15.03.2020 to

12.12.2020 and during this period, they established physical relations on

number of times; further considering the statements of PW-1 prosecutrix,

PW-2 father of the prosecutrix and PW-3 mother of the prosecutrix; the fact

that marriage proposal was sent by the appellant and his family members to

prosecutrix but the prosecutrix and her family members refused the proposal

of appellant and did not agree for marriage, the detention period of the

appellant, the other material available on record and that disposal of the

appeal is likely to take some time, without expressing any opinion on the

merits of the case, I am of the opinion that present is a fit case to suspend

the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon the appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on his furnishing a personal bond in

the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the trial Court. He shall appear before the Registry of this

Court on 20.06.2022 and thereafter appear before the trial Court on a date to

be given by the Registry and thereafter continue to appear before the trial

Court on all such dates as are given to him by the said Court till disposal of

this appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh