Parmeshwar Chandravanshi vs State Of Chhattisgarh
2022 Latest Caselaw 341 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                            (Proceedings through video conferencing)

                                           Order Sheet

                                        CRA No. 467 of 2021
       Parmeshwar Chandravanshi S/o Lilhar Chandravanshi Aged About 20 Years R/o Village-
        Aalikhuta, Thana- Tumdibod, Distt- Rajnandgaon, Chhattisgarh., District : Rajnandgaon,
        Chhattisgarh

                                                                             ---- Appellant
                                               Versus
   State Of Chhattisgarh Through Thana- Balod , District- Balod, Chhattisgarh., District : Balod,
   Chhattisgarh


                                                                                 ---- Respondent

20/01/2022 Shri Samir Singh, counsel for the appellant.

Ms. Beenu Sharma, Panel Lawyer for the State.

Heard on I.A. No.1 of 2021, application under Section 389 of Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 26/03/2021 passed by the Special Sessions

Judge (in-charge F.T.C.) District Balod (C.G.) in Special Sessions Case No 18/2019, the

appellant stands convicted and sentenced as under :-

                  Conviction                              Sentence

                  Under Section 363 of Indian             R.I. for three years and fine of Rs.
                  Penal Code                              500/-. In default of payment of
                                                          fine additional R.I. for one month.

                  Under Section 366 of Indian             R.I. for five years and fine of Rs.
                  Penal Code                              500/-. In default of payment of
                                                          fine additional R.I. for one month.
              Under Section 376 (2)(I) of                 R.I. for ten years and fine of Rs.
             Indian Penal Code                           1000/-. In default of payment of
                                                         fine additional R.I. for two months.

             Under Section 3(A)/4 of                     R.I. for seven years and fine of
             Protection of Children from                 Rs. 1000/-. In default of payment
             Sexual Offences Act, 2012                   of fine additional R.I. for two
                                                         months.

                                                         (All   the     sentences run
                                                         concurrently and fine amount
                                                         separately recovered)

Learned counsel for the appellant submits that impugned judgment is per se

illegal and bad in law. The appellant is in jail since 22/02/2019, disposal of the appeal is

likely to take some time, therefore, the appellant be released on bail.

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

Heard learned counsel for both the parties.

Considering the facts and circumstances of the case, the evidence of prosecutrix

PW-1 and her father PW-3, age of the prosecutrix mentioned in the dakhil-kharij register

and other evidence available on record, I am not inclined to release the applicant on

bail. Accordingly I.A. No. 1/2021 is rejected.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya)

JUDGE

Kamde