Guddu @ Sahdev Kenwat vs State Of Chhattisgarh
2022 Latest Caselaw 3194 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 1317 of 2021


  Guddu @ Sahdev Kenwat, S/o Late Sukhram Kenwat, Aged About 29 Years,
    R/o Amlidih, Main, Road, Chowki-Lawan, Police Station-Kasdol, District-
    Balodabazar-Bhatapara Chhattisgarth.   At Present R/o House of
    Ramchandra Rajwade, Bishunpur, Police Station-Gandhinagar, District-
    Surguja, Chhattisgarh.                                 ---- Appellant
                                        Versus
  State of Chhattisgarh, Through The Station House Officer, Police Station-
    Ajak, Ambikapur, District-Surguja Chhattisgarh.                 ---- Respondent

02.05.2022 Shri Jintendra Shrivastava, counsel for the appellant.

Shri Shrikant Kaushik, 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 26.10.2021 passed in Special Sessions (Atrocities) Case No. 80/2017 by the Special Judge, Sarguja (Ambikapur), District- Sarguja (C.G.) as under:-

             Conviction                             Sentence
              Under Section 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 1 year.
             Under Section 450 of IPC               R.I. for 5 years with fine of Rs.
                                                    1,000/- and default in payment
                                                    of fine amount, additional R.I.
                                                    for 6 months.

Considering the facts & circumstances of the case, the detention period of the appellant, who is 29 years old, the fact that incident took place 14.07.2011 and FIR was lodged 14.07.2017, as per para 27 of trial Court judgment, the prosecutrix (PW/11) was having love affair with the appellant for about 6 years, both have made physical relation on number of occasions, at the time of incident prosecutrix was major, the appellant was on bail during trial and did not misuse the liberty granted to him, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (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.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 05.07.2022 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 in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim