Golu @ Prahlad Lahre vs State Of Chhattisgarh
2022 Latest Caselaw 5912 Chatt

                                                                             NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                              CRA No. 1292 of 2022

 • Golu @ Prahlad Lahre, S/o Dhaniram Lahre, Aged About 25 Years, R/o
   Village Arjuni P.S.- Bhatapara Village, District- Balodabazar Bhatapra
   Chhattisgarh.

                                                                 ---- Appellant

                                      Versus

 • State of Chhattisgarh Through- Station House Officer, Police Station-
   Bhatpara Village District Balodabazar Bhatapara Chhattisgarh.

                                                               ---- Respondent

21/09/2022 Mr. A.S. Rajput, counsel for the Appellant.

Mr. B.P. Banjare, Dy. G.A. for the State/respondent.

Heard on I.A. No. 01/2022 which is an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 06.08.2022 passed by learned Additional Sessions Judge, Bhatapara, District- Balodabazar, Bhatapara (C.G.) in Sessions Trial No. H-32/2021, the appellant has been sentenced and convicted as under:-

Conviction Sentence

U/s 376(1) of IPC RI for 7 years and to pay fine amount of Rs. 500/- and in default of payment of fine amount further R.I. for 3 months

U/s 454 of IPC RI for 3 years and to pay fine amount of Rs. 500/- and in default of payment of fine amount further R.I. for 3 months U/s 506 of IPC RI for 3 years and to pay fine amount of Rs. 500/- and in default of payment of fine amount further R.I. for 3 months

All sentences to run concurrently

Learned counsel for the appellant would submit that the appellant has been wrongly convicted by the trial court in the judgment without there being any sufficient evidence available on record. He further submits that there is delay of 6 months in lodging the FIR and prosecutrix is a major lady and consenting party. He also submits that the appellant has been in jail since 30.06.2021 and the appeal is likely to take some time for its conclusion. Hence, it is prayed that his application be allowed.

On the other hand, learned State counsel opposes the bail application.

Heard learned counsel for the parties and perused the record of the trial Court.

After perusing the impugned judgment and considering the detention period of the appellant and the fact that prosecutrix is a major lady and there is no likelihood of this appeal to come up for final hearing in near future, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.

Accordingly, I.A. No. 01/2022 stands allowed.

Execution of substantive jail sentences imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the trial court for his appearance before the Registry of this Court on 9th November, 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 given to him by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

Ruchi