Pushpak Mahapatra vs State Of Chhattisgarh
2022 Latest Caselaw 5944 Chatt

                                                                          NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 382 of 2022

 • Pushpak Mahapatra, S/o Minketan Mahapatra, Aged About 22 Years,
   Caste Brahaman R/o Village Chapka Thana- Bhanpuri & District Bastar
   (Chhattisgarh).

                                                             ---- Appellant

                                  Versus

 • State of Chhattisgarh Through- S.H.O. Ghotiya/ Ajak Jagdalpur Tahsil
   Jagdalpur District Bastar Chhattisgarh.

                                                           ---- Respondent

22/09/2022 Mr. Pravin Kumar Tulsyan, counsel for the Appellant.

Mr. Ayaz Naved, 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 07.02.2022 passed by learned Special Judge SC & ST (Prevention of Atrocities) Act, Jagdalpur, District- Bastar (C.G.) in Special Case No. 07/2020, the appellant has been sentenced and convicted as under:-

Conviction Sentence

U/s 376 of IPC RI for 10 years and to pay fine amount of Rs. 2000/- and in default of payment of fine amount further R.I. for 3 months

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 prosecutrix is a major lady and also a consenting party. He also submits that the appellant has been in jail since 07.02.2022 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