Bhuwan Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1589 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                  CRA No. 1526 of 2022
Bhuwan Sahu S/o Late Pratap Sahu, Aged About 38 Years, Occupation Agriculturist R/o
Village - Gopal Bhaina Police Station - Nawagarh District - Bemetara Chhattisgarh.
                                                                             ---- Appellant
                                          Versus
State Of Chhattisgarh through Police Station House Nawagarh District - Bemetara
Chhattisgarh.
                                                                          ---- Respondent

25/03/2022 Mr. Ashok Kumar Verma, Senior Advocate along with Mr. Gajendra Kumar Sahu, Advocate for the appellant

Ms. Shubha Shrivastava, PL for the State.

This is an admitted appeal.

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

By the impugned judgment dated 15/11/2021 passed in Sessions Trial No. 29/2018 by the Additional Sessions Judge, FTC, Bemetara, District Bemetara (C.G.), the appellant has been convicted and sentenced under the following manner:-

                              Conviction                            Sentence
             U/s 354 of the IPC.                    RI for 1 year and to pay fine of Rs.
                                                    1000/- with default stipulation.
             U/s 323 of the IPC                     RI for 6 months and to pay fine of Rs.
                                                    500/- with default stipulation.
             U/s 376/511 of the IPC                 RI for 5 years and to pay fine of Rs.
                                                    2000/- with default stipulation.

All the sentences were directed to run concurrently.

Counsel for the appellant submits that the judgment of conviction is bad in law. The FIR has been lodged after a delay of 3 days of the incident. Even, the medical evidence shows that the injuries sustained by the prosecutrix was inflicted within 12 hours of her medical examination. The witnesses (PW5) and (PW6) who were working nearby field at the time of incident, have not supported the case of the prosecution. Even, the real sister of the prosecutrix has turned hostile, so, he prays to suspend the jail sentence of the appellant.

Per contra, counsel appearing on behalf of the State opposes the application for suspension of sentence and grant of bail.

I have heard counsel for the parties and perused the impugned judgment.

Having considered the submissions of the parties, particularly considering the statements of (PW1), (PW3) and (PW5), the medical evidence and the statement of the prosecutrix, without further commenting on merits of the case, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A. No. 01/2021 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. 10,000/- with one surety to the satisfaction of the trial Court for his appearance before the Registry of this Court on 26/04/2022 and before the trial Court on a date to be given by the Registry. Thereafter, the appellant shall continue to appear before the trial Court on the subsequent dates given to him by the trial Court till disposal of this appeal. The trial Court is directed to provide the dates for appearance of the appellant at the intervals of 6 months.

Counsel for the appellant does not press I.A. No. 03/2022. Accordingly, the same is disposed of.

Post the matter for final hearing in due course.

Sd/-

                                                         (Deepak Kumar Tiwari)
Rahul                                                            Judge