Phoolchand Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 91 Chatt

                                                                                    NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                    CRA No. 1188 of 2021
      Phoolchand Yadav S/o Dhannu Yadav Aged About 35 Years R/o Village Sadhwani,
       Police Station Gaurela, District Bilaspur Chhattisgarh. (Now District Gaurela-Pendra
       Marwahi) Chhattisgarh

                                                                            ---- Appellant
                                           Versus
      State Of Chhattisgarh Through Station House Officer, Police Station Gaurela,
       District Bilaspur Chhattisgarh. (Now District Gaurela Pendra Marwahi Chhattisgarh)

                                                                         ---- Respondent

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06/01/2022 Shri Ashok Soni, Counsel for the Appellant.

Shri Shresth Gupta, PL for the State/Respondent.

Heard on IA No. 01/21, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 17.09.2021, passed by the learned Upper Sessions Judge, Pendra Road, District - Bilaspur (C.G.) in Sessions Trial No. 05/2020, the appellant stands convicted and sentenced as under :

Conviction Sentence

Under Section 376 (1) of Indian Rigorous imprisonment for 10 years & Penal Code fine of Rs.1,000/- in default of not payment of fine 2 month of additional rigorous imprisonment.

Considering the facts and circumstances of the case, the evidence available of the prosecutrix (PW-1) in Paras 4 and 5, the evidence of father of the prosecutrix (PW-4) in Paras 1 and 2, the statement of the prosecutrix that she was having physical relations with the appellant even prior to incident, the MLC report of the prosecutrix and the FSL report as also the evidence of the other witnesses, the detention period of the appellant and that disposal of the appeal is likely to take some time, without further commenting on merits of the case, I am inclined to release the appellant on bail.

Accordingly, the bail application 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 11.04.2022 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 this case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

yasmin