Chattisgarh High Court
Pran Singh Khairwar vs State Of Chhattisgarh on 30 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
I.A. No. 01 of 2023
In Re:
CRA No. 989 of 2023
1 - Pran Singh Khairwar S/o Bhaiyalal Khairwar Aged About 25 Years Resident
Of Village- Tarka Pakhra Khand Darraghat, Police Station Bhaiyathan, District
Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station-
Odgi, District- Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh
... Respondent(s)
Order Sheet
30/01/2025 By the impugned judgment of conviction and order of
sentence dated 13.04.2023, passed by learned Additional
Sessions Judge, Fast Track Special Court, Surajpur, District
Surajpur (C.G.) in Special Sessions Case No. 49/2020 has been
convicted the appellant as under:
Conviction Sentence
U/s 363 of IPC RI for 4 years and fine of Rs.
200/- in default of payment of
fine 6 month additional RI
U/s 366-A of IPC RI for 6 years and fine of Rs.
200/- in default of payment of
fine 6 month additional RI
U/s 6 of Protection of Children RI for 20 years and fine of Rs.
from Sexual Offences Act, 2012 200/- in default of payment of
fine 6 month additional RI
Heard Mr. Sangeet Kumar Kushwaha, Counsel for the
appellant. Also heard Mr. Shailendra Sharma, Panel Lawyer,
appearing for the respondent/State on application for suspension
of sentence and grant of bail (I.A. No. 01/2023).
As submitted by the learned State counsel, notice has
been served to the complainant/victim, but none appears to
contest the application for suspension of sentence and grant of
bail, therefore, this Court proceeds to hear the application for
suspension of sentence and grant of bail.
Learned counsel for the appellant submitted that the
appellant is innocent and has been falsely implicated in the
offence. She has love affair with the appellant since long time and
she has not supported the case of the prosecution and has turned
hostile. There is no legally admissible evidence with respect to
the age of the prosecutrix and no sign or injuries have been found
on the body of the prosecutrix on her medical examination. The
prosecutrix was consenting party to make physical relation with
the appellant and has not raised any alarm at any point of time.
The appellant is in jail since 16.07.2020, final adjudication of the
case will take its own, therefore, he may be enlarge on bail.
On the other hand, learned counsel for the State opposes
and have submitted that there is sufficient evidence on record to
show that the prosecutrix was minor on the date of incident. She
was subjected to forceful sexual intercourse by the appellant.
Although the MLC report is found negative but FSL is positive,
therefore, in view of the evidence available on record, the
appellant is not entitled for bail.
We have heard learned counsel for the parties and
perused the document annexed with the record.
Considering the rival submissions made by learned
counsel for the respective parties, the nature of allegation and the
length of relationship between the parties, as also from the
evidence of the prosecutrix as well as she was in love affair with
the appellant and stayed with the appellant for the long time and
even not raised any alarm and the fact that the prosecutrix has
not supported the case of prosecution, the final adjudication of
the case will take its own time, we are inclined to release the
applicant on bail.
Accordingly, 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 personal bond for a sum of
Rs.25,000/- with one surety of the like sum to the satisfaction of
the concerned trial Court for his appearance before the Registry
of this Court on 04.03.2025. 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.
Consequently, I.A. No. 01 of 2023 is allowed.
Let the matter be listed for final hearing in due course.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Digitally
signed by
ALOK
ALOK SHARMA
SHARMA Date:
2025.01.31
16:11:27
+0530
Alok
