Chattisgarh High Court
Dileshwar Banjare vs State Of Chhattisgarh on 6 February, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1390 of 2022
• Dileshwar Banjare S/o Banshilal Banjare Aged About 19 Years R/o
Madhubankhurd, Police Station Bhatgaon, District Balodabazar- Bhatapara,
Chhattisgarh ---- Appellant.
Versus
• State of Chhattisgarh Through Station House Officer, Bhatgaon, District
Balodabazar- Bhatapara,, Chhattisgarh ---- Respondent
6-2-2023 Mr. Ajay Kumar Chandra, counsel for the appellant.
Mr. Himanshu Sharma, PL for the State.
Heard on I.A. No. 01/2022 which is an application filed
under Section 389 CrPC for suspension of sentence and
grant of bail to the appellant.
By the impugned judgment dated 13-7-2022 passed by
learned Additional District and Sessions Judge, FTSC
(POCSO Act ) Balodabazar, District Balodabazar Bhatapara
(CG) in Special Criminal Case (POCSO) No. 48 of 2019,
the appellant stands convicted under Section 363, 366 of
IPC and Section 376 of IPC read with Section 4 of the
Protection of Children from Sexual Offences Act, 2012 and
sentenced to undergo RI for five years and fine of Rs.500/-,
RI for five years and fine of Rs.500/- and RI for 10 years
and fine of Rs. 1,000/- in default of payment of fine to
undergo additional R.I. for 6-6 months.
In view of earlier direction passed by this court, victim
appeared before this court through Video Conferencing on
24-1-2023 and has raised objection about releasing the
appellant on bail.
Learned counsel for the appellant would submit that
the victim in her statement recorded before the trial court has
categorically stated that she has gone with the appellant
voluntarily and the appellant has committed sexual
intercourse on her with her consent. He would further submit
that in her statement recorded under Section 164 of Cr.P.C.,
she has also stated that the appellant has committed sexual
intercourse with her consent and she has also admitted in the
cross examination that there was love affair between them.
He would further submit that at the time of alleged incident,
age of the victim is below 18 years, but this fact has not been
proved as the prosecution has not examined the Principal of
the School who has made entry of date of birth of the victim
in the school register. Even otherwise, from the evidence of
the parents of the victim, it is quite vivid that the age of the
victim is more than 18 years at the time of incident. He
would further submit hat the appellant is in jail for more than
one year and one month, the appeal is of 2022 and hearing
of the appeal will likely to take some time for its disposal,
therefore, the sentence imposed by the trial court be
suspended and the appellant be released on bail.
On the other hand, learned State counsel opposing the
bail application would submit that the trial court, after
appreciating the evidence has rightly convicted the
appellant, therefore, the application for suspension of
sentence and grant of bail to the appellant deserves to be
rejected.
I have heard learned counsel for the parties and
perused the record of the trial court.
Considering the statement of the victim in which she
has categorically stated that she has gone voluntarily with
the appellant and the appellant has committed sexual
intercourse with her consent, further considering the fact
that even the date of birth of the victim has not been proved
by the prosecution and also considering the fact that the
appellant has already undergone the jail sentence more
than one year and one month, the appeal is of the year
2022 and hearing of the appeal will likely to take some time
for its disposal, therefore, I am inclined to allow this
application. Accordingly, the application is allowed and it is
directed that the substantive jail sentence imposed upon the
appellant shall remain suspended during the pendency of
this appeal and he shall be released on bail on his furnishing
a personal bond in sum of Rs.25,000/- with two sureties of
the like sum to the satisfaction of the concerned trial Court
for his appearance before the Registry of this Court on 23th
March, 2023. 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 are given to him by the said Court
till the disposal of this appeal. It is made clear that the date
given by the trial court for appearance of the accused
appellant should not have interval of more than 90 days
from the previous date.
List this case for final hearing in due course.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju
