Angeshwar Shrivas vs State Of Chhattisgarh
2025 Latest Caselaw 1721 Chatt

Chattisgarh High Court

Angeshwar Shrivas vs State Of Chhattisgarh on 4 February, 2025

                                       1




           HIGH COURT OF CHHATTISGARH AT BILASPUR


                             CRA No. 872 of 2024

1 - Angeshwar Shrivas, S/o It Ghasiyaram, Aged About 29 Years, R/o
Pump House Jhopadi Para, Chowki C.S.E.B., P.S. - Civil Line Rampur
Korba, District - Korba, Chhattisgarh.
                                                                 ...Appellant


                                    versus


1 - State of Chhattisgarh Through - P.S. Civil Line Rampur, District - Korba,
Chhattisgarh.
                                                              ... Respondent

Order Sheet

04/02/2025 Mr. H.A.P.S. Bhatia, counsel for the appellant.

Ms. Anuradha Jain, P.L. for the State/respondent.

Heard on I.A. No. 01/2024, application for suspension

of sentence and grant of bail.

By the impugned judgment of conviction and order of

sentence dated 05.04.2024, Additional Sessions Judge

(F.T.C.) Korba, District- Korba (C.G.) in Sessions Trial No.

75/2023 arising out of Crime No. 23/2023 has convicted and

sentenced the appellant as under:-

Conviction Sentence U/s 376 (2)(n) of IPC R.I. for 10 years and fine of Rs. 1000/-, in default of fine to undergo RI for 3 months It has been argued by learned counsel for the

appellant that the appellant has been falsely implicated in

the crime in question. He further submits that the victim is a

major lady having three children and she is a consenting

party in the matter. He further submits that as per evidence

of doctor, no definite opinion about sexual intercourse was

given. The appellant was on bail during trial and therefore,

the application for suspension of sentence and grant of bail

may be allowed and the appellant may be released on bail.

Learned State counsel opposes the prayer made by

the learned counsel for the appellant.

Heard learned counsel for the parties and perused the

documents available on record.

Taking into consideration the facts and circumstances

of the case, further considering the fact that the victim is a

major lady having three children and appellant was on bail

during trial, without commenting anything on merits of the

case, this Court deems it appropriate to allow the application

for suspension of sentence and grant of bail. Accordingly,

the application (I.A. No.01/2024) is allowed.

The substantive jail sentence awarded to the appellant

by the learned trial Court is hereby suspended. He shall be

released on bail on his executing a bail bond of Rs.25,000/-

(Twenty Five Thousand only) with one surety in the like

amount to the satisfaction of the concerned trial Court for his

appearance before the Registry of this Court on 08.04.2025.

He shall thereafter appear before the concerned 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, interval being not less

than 6 months, till final disposal of this appeal.

It is made clear that the observation made

hereinabove are only confined for disposal of aforesaid I.A.

filed in this appeal and it shall not be construed as an

expression of opinion of this Court on the merits of the

matter.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) JUDGE

Ruchi

RUCHI Digitally signed by RUCHI YADAV YADAV