Jagdish Bhagat vs State Of Chhattisgarh
2022 Latest Caselaw 5945 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet

CRA No. 308 of 2022

Jagdish Bhagat, S/o Boleram Bhagat, Aged about 42 years, R/o Lodam, Police Station and District Jashpur, Chhattisgarh.

Versus

State of Chhattisgarh through the Station House Officer, Police Station Jashpur, Distt. Jashpur, Chhattisgarh.

SB Hon'ble Shri Justice Sanjay K. Agrawal

22.09.2022 Mr. J.K. Saxena, counsel for the applicant.

Mr. Animesh Tiwari, Dy. A.G. for the State.

Heard on I.A. No. 1, application for suspension of sentence and grant of bail.

Vide impugned judgment dated 31/01/2022 passed by learned Additional Session Judge/Additional Charge FTC, Jashpur in Sessions Case No. 53/2019, the appellant has been convicted and sentenced as under :-

                      Conviction                           Sentence

                    U/s 366 of IPC      S.I. for 5 years with fine of Rs. 100/- in default
                                        of payment of fine, S.I. for 2 days.

                  U/s 376(1) of IPC     S.I. for 7 years with fine of Rs. 100/- in default
                                        of payment of fine, S.I. for 2 days.

                    U/s 506 of IPC      S.I. for 1 year with fine of Rs. 100/- in default
                                        of payment of fine, S.I. for 2 days.

Learned counsel for the appellant would submit that the appellant has falsely been implicated in the crime in question and the statement of Dr. Ashutosh Tirkey (P.W.-6) would show that appellant was unable to perform coital act and commit the offence due to paralysis on both of his legs. He would further submit that since the appellant has already undergone sentence for 14 months and the final disposal of the appeal is likely to take some time, he be released on bail.

On the other hand, learned State counsel would oppose.

Taking consideration of the facts and circumstances of the case, nature and gravity of the offence, role of the present appellant and considering the entire evidence available on record particularly, the medical evidence of Dr. Ashutosh Tirkey (P.W.-6) and further considering that the appellant has remained in jail for 14 months and the final disposal of the appeal is likely to take some time, I consider it a fit case where the appellant should be released on bail.

Accordingly, I.A. No. 1 is allowed.

The substantive jail sentence awarded to the appellant is 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. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 16/11/2022. He shall thereafter appear before the trial Court on a date which will be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given by the said Court, till the disposal of this appeal.

Certified copy, as per rules.

Sd/-

(Sanjay K. Agrawal)

JUDGE

Harneet