Bhuvneshwar Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1363 Chatt

Chattisgarh High Court

Bhuvneshwar Sahu vs State Of Chhattisgarh on 22 January, 2025

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Digitally signed
by AVANISH
KUMAR                         HIGH COURT OF CHHATTISGARH AT BILASPUR
PATHAK
Date:
2025.01.23
11:13:49 +0530                                   CRA No. 2057 of 2024
                   1 - Bhuvneshwar Sahu S/o Late Shaukilal Sahu Aged About 31 Years
                   Occupation Business R/o Chhatamuda Naka Near Fci Godown Ward No.
                   34, Raigarh Tehsil And District - Raigarh (C.G.)
                                                                            ... Appellant

                                                        versus

                   1 - State Of Chhattisgarh Through Police Station City Kotwali District -
                   Raigarh (C.G.)
                                                                             ... Respondent

Order Sheet

22/01/2025 Mr. Sanjay Agrawal, counsel for the appellant.

Mr. Keshav Gupta, Dy. GA for the State/respondent. Heard.

Admit.

Issue notice to the respondent.

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

Also heard on I.A. No.1/2023, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 5-11-2024 passed by the learned Additional Sessions Court (FTC), Raigarh (C.G.) in Sessions Trial No. 23/2022, the appellant has been convicted and sentenced as

under :-

    S.No.            Conviction                   Sentence
      01.    S. 376(k)(n) of IPC       R.I. for 10 year with fine
                                       of Rs.5,000/-, in default
                                       thereof      to       undergo
                                       additional    R.I.     for   6
                                       months.

Learned counsel for the appellant submits that at the time of incident, the victim was aged about 26 years. It is a case of love affair and victim was in consensual relation with the appellant for more than one year knowingly that the appellant is a married person having 2 children. The appellant has a good case on merit, aforesaid fine amount has already been deposited and during trial, appellant was on bail and never misused the same, 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 material available on the record carefully.

Taking into consideration the material available on record, particularly considering that the victim was an adult lady, aged about 26 years, at the time of incident, further considering that the appellant was on bail during trial, 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.01/2023, application 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 25-2-2025. 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 for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Pathak