Deepak Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1338 Chatt

Citation : 2025 Latest Caselaw 1338 Chatt
Judgement Date : 21 January, 2025

Chattisgarh High Court

Deepak Sahu vs State Of Chhattisgarh on 21 January, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRA No. 15 of 2025
 •   Deepak Sahu, S/o Dhannulal Sahu, Aged About 30 Years, R/o Nehru
     Nagar, Police Station Balco, District Korba, (C.G.).
                                                                      ... Appellant
                                     versus
 •   State Of Chhattisgarh, Through Police Station Balco Nagar Korba, District
     Korba (C.G.).
                                                                   ... Respondent

(Cause title taken from Case Information System)

Order Sheet

21/01/2025 Mr. Anshul Tiwari, counsel for the appellant.

Mr. Vivek Sharma, P.L. for the State/respondent. Heard on admission.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of the State/respondent, therefore, issuance of notice to it, is dispensed with.

Also heard on I.A. No.1/2024, application under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 17.12.2024 (Annexure-A/1) passed by the learned Upper Sessions Judge (F.T.C.), Korba, District Korba (C.G.) in Sessions Trial No.69/2024, appellant has been convicted and

sentenced as under :-

S.No. Conviction Sentence

01. U/s. 376 (2) (n) of R.I. for 10 years with fine of Indian Penal Code, Rs.1000/- and in default of 1860 payment of fine, additional imprisonment for 1 month.

Learned counsel for the appellant submits that victim is an adult lady aged about 24 years, she was in relation with the appellant for about 5 years knowing the fact that he is a married person, thus, it is a case of consensual physical relation and not a rape, but learned trial Court without considering this fact has convicted the appellant. The appellant is in jail since 17.12.2024 and earlier also he was in jail from 08.05.2024 to 27.07.2024. It is further submitted that appellant was on bail during trial and never misused the liberty granted to him, therefore, he prays that application for suspension of sentence of the appellant may be allowed and sentence may be suspended till the decision of this appeal.

Per contra, learned State counsel opposes the application for suspension of sentence and grant of bail to the appellant.

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

Taking into consideration the fact that victim is a well grown lady aged about 24 years and she was in relation with the appellant for more than 5 years and further considering the fact that appellant was on bail during trial, thus, considering the totality of the facts, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellant.

In view of above, I.A. No.1/2024, application under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to the appellant is allowed.

The substantive jail sentence imposed upon the appellant by

the learned trial Court is hereby suspended. He shall be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 24.02.2025. 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.

List this matter thereafter.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Digitally signed by DEEPTI DEEPTI NIRALA JHA JHA Date: