Chattisgarh High Court
Bhupendra Kumar Devdas vs State Of Chhattisgarh on 30 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1784 of 2024
Bhupendra Kumar Devdas S/o Rajjuram Aged About 22 Years R/o Village Kesli,
Post Bhaisa, P.S. Suhela, Tahsil Simga, District Balodabazar - Bhatapara
Chhattisgarh (Detail Of The Appellant Has Not Mentioned In Annexure A-1)
... Appellant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Saraswati
Nagar, District : Raipur, Chhattisgarh ... Respondent
(Cause title, as taken from Case Information System)
Order Sheet
30/01/2025 Mr. Sudhir Kumar Sahu, counsel for the appellant.
Mr. Keshav Prasad Gupta, G.A. for the State/respondent.
Victim appeared in person before this Court.
Heard.
Admit.
Record of the trial Court has been received.
Also heard on I.A. No.01/2024, application under Section
430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for
suspension of sentence and grant of bail to the appellant.
By the impugned judgment of conviction and order of
sentence dated 29.8.2024 passed by learned Additional Sessions
Judge, Second Fast Track Special Court (POCSO), Raipur (C.G.)
in Sessions Trial No.15/2019, the appellant has been convicted
and sentenced in following manner:-
Sl. Conviction Jail Sentence Fine Default
No. u/S Sentence Stipulation
01. 363, IPC R.I. for 02 Rs.1000/- R.I. for 1
years month
02. 366, IPC R.I. for 05 Rs.1000/- R.I. for 1
years month
03. 376 (2), IPC R.I. for 10 Rs.2000/- R.I. for 1
years month
All the jail sentences are directed to be run concurrently.
Learned counsel for the appellant would submit that
appellant was on bail during trial. He would further submit that
after recording the statement of victim before the trial Court, victim
& appellant have performed marriage on 23.11.2020, as such,
victim is residing in her matrimonial place with the parents of
appellant. He further submitted that it was a consensual relation
and prosecution has not proved conclusively that on the date of
incident, victim was minor, 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.
Victim appeared in person before this court and submitted
that she has no objection to allow the application for suspension
of sentence and grant of bail filed by appellant, as she has
already performed marriage with appellant.
I have heard learned counsel for the parties and perused
the record carefully.
Having considered the aforesaid facts and evidence
adduced by prosecution to prove the age of victim and further
considering the fact that 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.01/2024, 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 04.3.2025. 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
Rukhsar
Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2025.01.30
17:51:01
+0530
