Chandan Vishwakarma vs State Of Chhattisgarh
2025 Latest Caselaw 3993 Chatt

Chattisgarh High Court

Chandan Vishwakarma vs State Of Chhattisgarh on 28 April, 2025

                                            1




              HIGH COURT OF CHHATTISGARH AT BILASPUR



                                 CRA No. 1744 of 2024


1 - Chandan Vishwakarma S/o Late Sudama Vishwakarma Aged About 23 Years
R/o Jamnipali Asha Nagar Lata, Police Station - District - Korba (C.G.)
                                                                     ... Appellant(s)


                                         versus


1 - State Of Chhattisgarh Through - Station House Officer, Police Station -
Kotwali Korba, District - Korba (C.G.)
                                                                  ... Respondent(s)

Order Sheet

28/04/2025 Mr. Maya Chaturvijani, learned counsel for the appellant.

Ms. Pragya Shrivastava, learned Dy. G.A. appearing for

the respondent/State.

Heard on I.A. No. 1/2024, which is an application under

Section 430 of BNSS, 2023 for suspension of sentence and grant

of bail.

The appellant has been convicted and sentenced by the

judgment of conviction and order of sentence dated 06.05.2024,

passed by Learned Additional Session Judge, (FTC), Korba,

District Korba in Sessions Trial No. 109/2023, in the following

manner with a direction to run all the sentences concurrently:-

           Conviction                        Sentence
U/s 376(2)(n) of IPC              RI for 10 years and fine of Rs.
                                  1000/- in default of payment of
                                  fine amount additional RI for 03
                                  months.

U/s 506 Part-II of Indian Penal RI for 06 months and fine of Rs.

Code                              500/- in default of payment of
                                  fine amount additional RI for
                                  one month.

All the sentences shall run concurrently.

Learned counsel for the appellant would submit that the

victim was aged about 19 years and was having love affair with

the appellant, she herself eloped with him on her own will and

engaged in making consensual physical relation. Both of them

have gone to perform marriage and executed an affidavit before

the Notary at Katghora, District Korba, It is only upon the

pressure of her parents, she lodged the report against the

appellant. She admitted in her evidence that she has not

disclosed about the execution of such notarized affidavit to her

parents. She being the major girl having visited various places

along with the appellant have not made any complaint to anyone

and has not raised any objection. The appellant was on bail

during the trial and presently he is in jail from the date of the

judgment i.e. on 06.05.2024. The appeal is of the year 2024 and

final adjudication of the appeal will take its own time, therefore, he

may be released on bail.

On the other hand, learned counsel for the State opposes.

Considering the submissions made by learned counsel for

the parties, considering the nature of allegation and evidence

available on record, particularly the evidence of the victim as also

the document Ex.D-1 and Ex.D-2, further that the appellant is in

jail since 06.05.2024 and final adjudication of the appeal will take

its own time, I am inclined to allow the application and release the

appellant on bail.

Accordingly, I.A. No. 01/2024, is allowed.

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 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 18.06.2025 and thereafter appear before the

concerned trial Court on a date to be fixed 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

disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) Judge

Digitally signed by ALOK ALOK SHARMA SHARMA Date:

2025.04.28 19:34:28 +0530

Alok