Heeralal Verma vs State Of Chhattisgarh
2022 Latest Caselaw 5954 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR

Order Sheet

CRA No. 771 of 2020

Heeralal Verma S/o Ramkishun Verma, Aged about 22 years, R/o Village Serwa, Thana Kasdol, Distt. Baloda Bazar-Bhatapara, Chhattisgarh.

Versus

State of Chhattisgarh through Police Station Kasdol, Distt. Baloda Bazar- Bhatapara, Chhattisgarh.

SB Hon'ble Shri Justice Sanjay K. Agrawal

22.09.2022 Mr. Dheerendhra Pandey, counsel for the appellant.

Mr. Sudeep Verma, Dy. G.A. 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 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs. 1000/- and in default to pay fine, additional R.I. for 2 months vide impugned judgment dated 24/09/2020 passed by learned First Upper Session Judge (FTC), Baloda Bazar in Session Trial (FTC) No. 43/2019.

Learned counsel for the appellant would submit that the appellant has falsely been implicated in the crime in question and he has been convicted on the basis of sole testimony of prosecutrix (P.W.-1) supported by her mother Smt. Rathbai (P.W.-2) and her father Shambhulal (P.W.-3) even though the medical evidence does not support the case of the prosecution and no FSL report has been brought on record. He would further submit that appellant is in jail since 13/04/2019 i.e. for more than 3 years and since the final disposal of the appeal is likely to take some, 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 the entire evidence available on record particularly considering the statement of the prosecutrix (P.W.-1) who is aged about 20 years and further considering that there is no other corroborative piece of medical evidence on record and the appellant is in jail since 13/04/2019 and the final disposal of the appeal is likely to take some time, I consider it a fit case to release the applicant 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