Aashish Patel vs State Of Chhattisgarh
2022 Latest Caselaw 280 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                            Order Sheet

                                         CRA No. 654 of 2021
  Aashish Patel, S/o Govind Singh Patel, aged about 35 years, R/o Ward No. 3, Devkar, Thana -
  Saja, Distt. Bemetara (C.G.)
                                                                            ---- Appellant
                                                Versus
  State Of Chhattisgarh Through Thana Saja, District Bemetara (C.G.)
                                                                                ---- Respondent

17/01/2022 Shri Samir Singh, counsel for the appellant.

Ms. Beenu Sharma, Panel Lawyer for the State.

State counsel has not filed reply to I.A. No.1 of 2021, application for suspension of sentence and grant of bail under Section 389 of Code of Criminal Procedure to the appellant, till today.

Heard on I.A. No.1 of 2021, application for suspension of sentence and grant of

bail under Section 389 of Code of Criminal Procedure to the appellant.

By the impugned judgment dated 11/06/2021 passed by the First Additional

Sessions Judge (F.T.C.) Bemetara, District Bemetara (C.G.) in Sessions Case No

08/2019, the appellant stands convicted and sentenced as under :-

                  Conviction                               Sentence

                  Under Section 376 of Indian              R.I. for ten years and fine of Rs.
                  Penal Code                               2,000/-. In default of payment of
                                                           fine additional R.I. for four
                                                           months.

Considering the facts and circumstances of the case, the medical report of the

prosecutrix Ex.P/19, statement of mother of the prosecutrix (PW-2) who admitted that the prosecutrix was wanted to marry with the accused but she and her husband

refused to this proposal as accused, appellant was not having property and job, the

statement of PW-3 father of the prosecutrix in para 5 where he also admits love affair

between appellant and the prosecutrix, the manner in which the incident allegedly took

place, the conduct of the prosecutrix, the detention period of the appellant and the

disposal of the appeal will take time, without any commenting on 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.1 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.50,000/- with one

surety of Rs.50,000/- to the satisfaction of the trial Court. He shall appear before the

Registry of this Court on 30th April, 2022 and thereafter shall appear before the trial

Court on a date to be given by the Registry and shall continue to appear there on all

such dates as are given to him by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya)

JUDGE

Kamde