X (R/O ) vs State Of Chhattisgarh
2022 Latest Caselaw 394 Chatt

                                                                                     NAFR

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRA No. 420 of 2021

    X, (R/o) R/o P.S. Bhanpuri, District Bastar, C.G.

                                                                               ---- Appellant

                                            Versus

    State of Chhattisgarh, Through Aarakshi Kendra Bhanpuri, District Bastar, C.G.

                                                                            ---- Respondent

24/01/2022 Shri Vikash A. Shrivastava, counsel for the appellant.

Shri Shreshta Gupta, Panel Lawyer 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 12.03.2021 passed by the

Additional Sessions Judge, (F.T.C) Bastar place Jagdalpur, C.G. in

Sessions Trial No.07/2020, 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.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month

Under Section 506 Part-II of Rigorous Imprisonment for five 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)

Prosecutrix appeared along with sister of the appellant through virtual

mode from DLSA, Jagdalpur and she is duly identified by the DLSA

Authority. Prosecutrix submits that she has performed marriage with the

appellant on 10.01.2022 and this fact is proved by the documents i.e.

marriage certificate issued by the Sarpanch, Gram Panchayat Khoskhosa,

Janpad Panchayat, Bastar and the copy of notarized affidavits of

prosecutrix and appellant, submitted by counsel for the appellant along with

the covering memo. Prosecutrix also submits that she has no objection to

release of the appellant on bail.

Considering the facts and circumstances of the case, in particular the

fact that prosecutrix was in relationship with the appellant for a long time,

during this period there had been physical relations between them on

number of occasions and one child was also born; further considering the

fact that on 17.12.2021 appellant was granted interim bail by this Court for

performing marriage with the prosecutrix and thereafter they performed

marriage on 10.01.2022, now prosecutrix is living happily with the family

members of the appellant and that she has raised no objection to release of

the appellant on bail and due to COVID-19 pandemic, 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 09.05.2022 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 on 1st April, 2022.

Sd/-

Gautam Chourdiya Judge

Akhilesh