Rakesh Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 499 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet
                                CRA No. 1916 of 2022

  • Rakesh Sahu S/o Shri Ram Lakhan Sahu Aged About 25 Years R/o Village Gyanpur ,
    Police Station Dashrangpur , District Kabeerdham Chhattisgarh, At Present R/o Geeta
    Nagar, Bhanpuri, Near Sulabh, Police Station Khamtrai, District (Revenue And Civil)
    Raipur Chhattisgarh., District : Raipur, Chhattisgarh
                                                                         ---- Appellant
                                       Versus
  • State of Chhattisgarh Through District Magistrate , Raipur, District Raipur
    Chhattisgarh., District : Raipur, Chhattisgarh
                                                                       ---- Respondent

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24-01-2023 Mr. Yogesh Pandey, counsel for the appellant.

Mr. Himanshu Sharma, PL for the State.

Heard on I.A.No.1 of 2022 which is an application for suspension of sentence and grant of bail.

The appellant stands convicted by the Judgment of conviction and order of sentence dated 21-11-2022 passed by the learned Special Judge, First Fast Track Special Court, Raipur, Distt. Raipur (CG) in Special Criminal Case No. 145 of 2019 for the offence punishable under Section 354 of IPC and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo RI for three years and fine of Rs.500/-, and RI for three years and fine of Rs. 500/- with default stipulations. Both sentences are directed to run concurrently.

In pursuance of the earlier direction passed by this court, Victim/prosecutrix has appeared through Video Conferencing from concerned District Legal Services Authority and has raised objection for grant of bail to the appellant.

Learned counsel for the appellant would submit that the appellant is the landlord and there is inter se dispute between the appellant and the victim's father, therefore, innocent he has been falsely implicated in connection with the said crime. He would further submit that there are lot of contradictions in her statements recorded under Sections 161 and 164 of Cr.P.C, therefore her evidence is doubtful. He further submits that on the date of incident, all the persons were sleeping in the courtyard but the incident has not been communicated to anybody and even her mother was shouting at the present appellant but no person has been examined by the prosecution to prove the case of prosecution. He would further submit that during trial the appellant was on bail and he did not misuse the liberty granted to him, maximum sentence awarded to the appellant is RI for 3 years, the appeal is of 2022 and hearing of appeal on merits will take some time, therefore, the appellant may 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.

I have heard learned counsel for the parties and perused the record.

From the evidence of victim, it is quite vivid that there are contradictions in her statements recorded under Sections 161 and 164 of Cr.P.C., on the date of incident all the persons were sleeping in the courtyard and her mother was shouting at the time of incident, but no one was examined by the prosecution to prove the case of the prosecution.

Considering the facts and circumstances of the case and further considering the statements of the victim in which there are contradictions, the appeal is of 2022 and also the fact that hearing of appeal will take some time, I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No. 1 of 2022 is allowed and it is directed that the execution of further substantive jail sentence shall remain suspended and the appellant shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 24-02-2023. 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 appellant should not have interval of more than 90m days from the previous date.

List this case for fnal hearing in its chronological order. Cc as per rules.

Sd/-

(Narendra Kumar Vyas) Judge

Raju