Sanjay Kumar Negi vs State Of Chhattisgarh
2022 Latest Caselaw 4782 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                  CRA No. 1535 of 2021


    Sanjay Kumar Negi, S/o Shri Sukluram Negi, Aged About 22 Years, R/o
     Village Bhanbeda, Thana Bhanupratappur, District North Baster Kanker,
     Chhattisgarh.                                         ---- Appellant
                                        Versus
    State of Chhattisgarh, Through- The District Magistrate, Kanker, District North
     Baster Kanker, Chhattisgarh.                               ---- Respondent

26.07.2022 Shri Sunil Sahu, counsel for the appellant.

Shri RCS Deo, P.L. for the State/respondent.

Heard on I.A. No.01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 17.11.2021 passed in Sessions Case No. 06/2020 by the First Additional Sessions Judge, Kanker, District- North Bastar Kanker (C.G.) as under:-

Convictions Sentences U/s. 376 (2)(n) of IPC R.I. for 10 years with fine of Rs.

3,000/- and default in payment of fine amount, additional R.I. for 6 months.

U/s. 506-I of IPC R.I. for 1 year with fine of Rs. 500/-

and default in payment of fine amount, additional R.I. for 1 month.

U/s. 496 of IPC R.I. for 3 years with fine of Rs. 500/-

and default in payment of fine amount, additional R.I. for 3 months.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential ingredient of the offence for convicting the appellant is missing, FIR was lodged on 30.07.2019 with the allegations that the appellant & prosecutrix entered into relation from 25.12.2018 to 03.06.2019 and even on the alleged date of incident the prosecutrix was major. He further submits that from the evidence, it is a case of consent and he draws attention of the Court to various paragraphs of depositions of the prosecutrix PW/2 to substantiate that the prosecutrix was a consenting party and alleged promise was not false from the inception, therefore, Section 90 of IPC and Section 114A of Indian Evidence Act are not applicable in this case and disposal of this appeal is likely to take some time, therefore, he may be released on bail. In support of his submission he placed reliance in matters of Maheshwar Tigga Vs. State of Jharkhand reported in (2020)10 SSC 108; Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr. Reported in 2019(9) SCC 608 and one judgment XYZ Vs. Romesh Singh Thakur & Anr. passed in Acquittal Appeal No.84/2020.

On the other hand, learned counsel for the State oppossing the bail application and submits that in light of the evidence aduced by the prosecution it is cristal clear that the appellant established physical relations with the prosecutrix on the false pretext of marriage and as such the provisions of Section 90 of IPC & Section 114 of Evidence Act attracts in this case. Being so, the appellant is not entitled for bail.

The prosecutrix appeared through VC from DLSA, Kanker and she raised 'no objection' to release of the appellant on bail.

Considering the facts & circumstances of the case, the statements of the prosecutrix (PW/2), Dr. Sima Singh (PW/6), the detention period of the appellant, who is 22 years old, he has already served more than 19 months of jail sentence, no objection of the prosecutrix in releasing of the appellant on bail and in view of judgments in the matter of Maheshwar Tigga (supra), Pramod Suryabhan Pawar (supra), final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2021) 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.25,000/- with one surety to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 28.09.2022 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.

Sd/-

(Sachin Singh Rajput) Judge

Nadim