Chattisgarh High Court
Toran Prasad Shukla vs State Of Chhattisgarh on 6 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 855 of 2021
Toran Prasad Shukla S/o Bhanupratap Shukla Aged About 53 Years R/o
Village Uslapur, Police Station Thannkhamariya, District Bemetara
Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh Through The Police Station Thannkhamariya, District
Bemetara Chhattisgarh
-----Respondent
06.05.2022 Ms. Taniya Mondal, counsel for the appellant.
Mr. Shreshtha Gupta, P.L. for the State/Respondent.
Heard on I.A. No. 01/2021, application for suspension of sentence
and grant of bail to the appellant.
By the impugned judgment dated 07.08.2021 passed by the First
Additional Session Judge, Fast Track Court, Bemetara, (C.G.) in Session
Case No. 11/2021, the appellant stands convicted and sentenced as
under:-
Conviction Sentences
Under Section 376 of Indian Penal Rigorous Imprisonment of 10 years
Code and fine of Rs. 1,000/- in default of
1 month R.I.
Under Section 450 of Indian Penal Rigorous Imprisonment of 05 years
Code and fine of Rs. 1,000/- in default of
1 month R.I.
Under Section 506-II of Indian Rigorous Imprisonment of 02 years
Penal Code and fine of Rs. 1,000/- in default of
15 days R.I.
(All sentences shall run concurrently)
Considering the facts and circumstances of the case and looking to
the deposition of PW-2, mother-in-law of the victim that after hearing
some noise the mother-in-law of the prosecutrix came there and also
shouted but none came on the spot, she (PW-2) admits in cross
examination that there was no resistance by the prosecutrix to the act of
the appellant, considering the deposition of (PW-1) prosecutrix and her
mother and there is no sign of struggle on the body of the prosecutrix,
medical evidence does not support the prosecutrix case, the appellant is
in jail since 07.08.2021 and during trial he was on Anticipatory Bail, the
disposal of the appeal is likely to take some time, without expressing any
opinion on the merits of the case, I am of the opinion that present is a fit
case to suspend the jail sentence imposed upon the appellant and to
release him on bail.
Accordingly, 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 11.07.2022 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 this case for final hearing in due course.
Sd/-
(Gautam Chourdiya)
vaishali Judge
