Rajesh Mahilange vs State Of Chhattisgarh
2022 Latest Caselaw 163 Chatt

                                                1

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                     CRA No. 1248 of 2021

  • Rajesh Mahilange S/o Late Parsadi Mahilange Aged About 28 Years R/o Village Biranpur,
    P. S. Dadhi, District Bemetara Chhattisgarh

                                                                                      ---- Appellant

                                             Versus

  • State Of Chhattisgarh Through Chauki, Khandsara, Station House Bemetara District
    Bemetara Chhattisgarh

                                                                                    ---- Respondent

10/01/2022 Ms. Sareena Khan, counsel for the appellant/s.

Mr. Devesh Chandra Verma, G.A. for the State.

Heard on application (I.A. No.1/2021) for suspension of sentence and grant of bail.

By the impugned judgment dated 29.09.2021 passed by Fast Track Special Court (POCSO Act, 2012), Bemetara District- Bemetara (C.G.) in CIS- Special Sessions No.60/2019, the appellant stands convicted as under:-

                              Conviction                                 Sentence

              Under Section 363 of IPC                   R.I. for 1 year and fine amount of
                                                         Rs.100/-, in default of fine amount, R.I.
                                                         for 3 months.

             Under Section 366 of IPC                    R.I. for 3 years and fine amount of
                                                         Rs.200/-, in default of fine amount, R.I.
                                                         for 6 months.

             Under Section 376 (2) (j) (n) of IPC        R.I. for 20 years and fine amount of
                                                         Rs.1000/-, in default of fine amount,


                                         R.I. for 3 years.

Under Section 376 (3) of IPC             R.I. for 20 years and fine amount of
                                         Rs.1000/-, in default of fine amount,
                                         R.I. for 3 years.

Under Section 6 of POCSO Act 2012 R.I. for 20 years and fine amount of Rs.1000/-, in default of fine amount, R.I. for 3 years.

Learned counsel for the appellant submits that the conviction of the appellant is bad in law. The minority of the prosecutrix has been successfully disputed by the appellant in the trial which has been disbelieved by the learned trial Court. The appellant makes a proposition that the prosecutrix is a major and he is willing to perform a valid marriage with the prosecutrix, in case, he is granted bail. The prosecutrix is also willing to marry the appellant as it is reflected from her deposition, hence, it is prayed that the appellant may be released on bail to perform marriage with the prosecutrix.

On the other hand, learned State counsel opposes the bail application.

Considering on the submissions made by the learned counsel for the parties and looking to the proposition made by the appellant and also the other circumstances, we are inclined to grant temporary bail to the appellant. The application for suspension of sentence and grant of bail is allowed on temporary basis.

Accordingly, the application for suspension of sentence and grant of bail is allowed on temporary basis. It is directed that the substantive jail sentence awarded to the appellant is suspended for six months and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 24.03.2021.

This shall be subject to confirmation upon completion of six months regarding which the appellant shall be required to submit document/proof regarding the performance of marriage.

Certified copy as per rules.

                  Sd/-                                       Sd/-
             (R.C.S. Samant)                         (Arvind Singh Chandel)
                 Judge                                       Judge




Ravi