Dharmendra Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 4880 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                                    CRA No. 1427 of 2019
   Dharmendra Sahu S/o Dhruw Sahu Aged About 22 Years R/o Village Navagarh, Police
    Station Navagarh, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa,
    Chhattisgarh                                                        ---- Applicant
                                      Versus
   State Of Chhattisgarh Through Its Police Station Navagarh, District Janjgir Champa
    Chhattisgarh, District : Janjgir-Champa, Chhattisgarh           --- Respondent

29.07.2022 Mr. Ravindra Sharma, counsel for appellant.

Mr. Sameer Oraon, GA for the State/respondent.

Heard on IA No. 01 application for suspension of sentence and

grant of bail to the applicant.

By the impugned judgment and order of sentence dated

18.09.2019 passed by the Special Judge (POCSO Act) Additonal &

Session Judge Janjgir District Janjgir-Champa, CG in Special Criminal

Case No. 54 of 2017 the appellant has convicted in under Section s

363, 366 and 376 IPC & sentenced for said ofence respectively 3, 5

and 10 years RI with fne total 2000/-, Plus default stipulations.

The case of the prosecution story in brief is that the applicant

abducted the minor prosecutrix on the pretext of marriage and

committed sexual intercourse with her.

Learned counsel for the appellant submits that the appellant is

innocent and has been falsely implicated in this case. He further

submits that the statement of the prosecutrix cannot be believed

because when she is going to Bilaspur to Delhi she did not any alarm

during the travel, the report was lodged after two days after she

came from Delhi. It is further submitted that she did not said

anywhere in her statement that the applicant took her away

forcefully. The medical evidence also does not supported the case for

the prosecution and he is already served jail sentence about 3 years

and 2 months out of 10 years and appeal is likely to take sometime.

State counsel opposes the application for suspension of

sentence and grant of bail and submits that the prosecutrix

statement is trustworthy and she was minor at the time of incident

and also fndings recorded by the trial Court therefore, the application

is liable to be rejected.

I have heard learned counsel for the parties, considering the

facts and circumstances of the case and also considering the

statement of prosecutrix (PW-3) and medical evidence, detention

period and appeal is likely to take sometime, I am inclined to allow

this application.

Accordingly, IA No. 01 is allowed.

The substantive jail sentence awarded to the applicant is

suspended during the pendency of this appeal and he is directed to

release on bail on his furnishing a personal bond in the sum of Rs.

25,000/- along with one surety in the like sum to the satisfaction of

the concerned trial Court for his appearance before the Registry of

this Court on 29th of September, 2022. He shall thereafter appear

before the trial Court on a date to be given by the Registry of this

Court and shall continue to appear there on all such subsequent

dates are given to him by the said Court, till the disposal of this

appeal.

List this case for fnal hearing.

Sd/-

(Sachin Singh Rajput) Judge

Pawan