Ramlal Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6583 Chatt

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                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                               CRA No. 670 of 2021
Ramlal Sahu, S/o Uderam Sahu, Aged About 29 Years, R/o Gram- Bansankara, P.S.-
Simga, District- Balodabazar-Bhathapara (C.G.)
                                                                 ---- Appellant
                                    Versus
State of Chhattisgarh, Through Police Station- Simga, District- Balodabazar-
Bhathapara (C.G.)
                                                               ---Respondent

03.11.2022 Mr. Azad Siddiqui, counsel for the appellant.

Ms. Abhyunnati Singh, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 10.03.2021 passed by the learned Additional Sessions Judge, Bhatapara, District- Balodabazar-Bhatapara (C.G.) in Session Trial No. 29/2019, the appellant stands convicted, as under:-

                       Conviction                          Sentence
              U/s 376 & 511 of IPC      : R.I. for 5 years and fine of Rs. 500/- in
                                          default of payment of fine amount further 3
                                          months R.I.
              U/s 457 of IPC         : R.I. for 5 years and fine of Rs. 500/- in
                                       default of payment of fine amount further 3
                                       months R.I.
                                       All the sentences to run concurrently

Learned counsel for the appellant would submit that age of the prosecutrix is 42 years and she has also lodged a complaint against one Dhaniram Verma. He would further submit that according to the opinion of examining doctor, no offence of rape has been committed against the prosecutrix. He would also submit that the appellant has already undergone for 3 years 3 months whereas the maximum sentence awarded to the

appellant is 5 years and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence and the victim has categorically stated about commission of offence with her, therefore, the appellant is not entitled for grant of bail.

Considering statement of the victim as well as statement of doctor-S. Ahluwalia (PW-6), who has given opinion that no offence of rape has been committed by the appellant and also considering the fact that the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 19th December, 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 as are given to him by the said court till the disposal of this appeal.

List this appeal for final hearing in the month of March, 2023.

Sd/-

(Narendra Kumar Vyas) Judge

Arun