Chattisgarh High Court
Gulam Raja vs State Of Chhattisgarh on 18 February, 2025
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr. A. No. 1756 of 2024
Gulam Raja S/o Jamhir Hasan Aged About 23 Years R/o Surta Pondi,
Police Station Ramanujnagar, District Surajpur Chhattisgarh.
... Appellant
versus
State of Chhattisgarh Through District Magistrate -Surajpur
Chhattisgarh
---- Respondent
18/02/2025 Mr. Awadh Tripathi, Advocate for the appellant.
Mr. GL Uike, PL for the State.
Heard on I.A. No.1, application for suspension of sentence and
grant of bail to appellant.
By the impugned judgment dated 31.08.2024 (Annexure A-1),
the appellant stands convicted as under:-
Conviction Sentence
U/s 376 of IPC : Rigorous imprisonment for 10 years
& fine of Rs.500/-, in default of
payment of fine, one month
additional RI.
Learned counsel for the appellant submits that appellant has
been falsely implicated in this case, he has not committed any offence
as alleged against him. Though there is allegation of rape against the
appellant, but PW-2/Doctor who examined the victim, has stated in
her evidence that there was no any internal or external injury found on
the body of victim and no any sign of forceful sexual intercourse is
there. Further, there are many contradictions and omissions in the
statements of victims and her sister (PW-1 & PW-6). During trial,
appellant was on bail and has not misused the liberty granted to him
earlier. Appeal may take some time for final hearing, hence, looking to
the detention period of appellant, sentence awarded to him may be
suspended and he be enlarged on bail.
Learned State Counsel opposing the submission of counsel for
the appellant, would submit that as per evidence available on record,
appellant is not entitled for grant of bail. He also pointed out that there
is one previous criminal antecedent against the appellant of the year
2015.
Heard counsel for the parties.
Considering facts of the case, submissions of counsel for the
parties, statements of victim and her sister (PW-1 & PW-6),
particularly the evidence of PW-2/doctor, further considering that
during trial appellant was on bail, but he never misused the liberty
granted to him earlier, appeal may take some time for final hearing, I
am of the view that present is a fit case to suspend sentence and
release the appellant on bail.
Accordingly, I.A. No.1, application for suspension of sentence
and grant of bail to appellant is allowed. It is directed that execution of
substantive jail sentences imposed on appellant shall remain
suspended and he be released on bail on his executing a personal
bond for a sum Rs.10,000/- with one surety for the like sum to the
satisfaction of the Trial Court for his appearance before the Registry
of this Court on 03.04.2025. 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 other subsequent dates as
are given to him by the said Court, till disposal of this appeal.
Certified copy, as per rules.
Sd/-
(Arvind Kumar Verma)
Judge
J/-
