Manharan Rathore vs State Of Chhattisgarh
2022 Latest Caselaw 5947 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet

CRA No. 269 of 2022

Manharan Rathore S/o Ramcharan Rathore, Aged about 47 years, R/o Village Mahka, Police chowki Kharsiya, P.S. Kharsiya, distt. Raigarh, Chhattisgarh.

Versus

State of Chhattisgarh through Police Station Kharsiya, Distt. Raigarh, Chhattisgarh.

SB Hon'ble Shri Justice Sanjay K. Agrawal

22.09.2022 Mr. Sanjay Agrawal, counsel for the appellant.

Mr. Afroz Khan, P.L. for the State.

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

The appellant herein has been convicted for offence punishable under Section 376(2) of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 5000/- and in default of payment of fine additional R.I. for six months vide impugned judgment dated 14/09/2021 passed by learned Special Judge (Atrocities Act), Raigarh in Special Criminal Case under the Atrocities Act/15/2021.

Learned counsel for the appellant would submit that the appellant has falsely been implicated in the crime in question and there is a delay in lodging FIR as the offence was committed in between 05/07/2019 and 25/02/2020 whereas FIR has been lodged on 10/02/2021. He would further submit that the appellant has already undergone sentence for more than 1 year and 5 months and since the final disposal of the appeal is likely to take some, the appellant 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 the entire evidence available on record and considering that there is a delay in lodging FIR and there is no medical evidence against the appellant and further considering that the final disposal of the appeal is likely to take some time and appellant has already undergone sentence for more than 1 year and 5 months, 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