Chattisgarh High Court
Brijpal Singh Kanwar vs State Of Chhattisgarh on 11 June, 2025
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SOURABH
PATEL
Digitally signed by
SOURABH PATEL
Date: 2025.06.12
14:13:38 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 987 of 2025
• Brijpal Singh Kanwar S/o Karan Singh Kanwar, Aged About
29 Years, R/o Village - Risdi, Thana - Kusmunda, District -
Korba (C.G.).
... Appellant
versus
• State Of Chhattisgarh Through - Police Station - Civil Line
Rampur, District - Korba (C.G.).
... Respondent
Order Sheet
11/06/2025 Mr. Vikas Kumar Pandey, Advocate for the Appellant.
Ms. Priya Sharma, P.L. for the State.
Heard on admission.
Admit.
Record of the trial Court has been received.
Also Heard on I.A. No. 01/2025, which is an
application for suspension of sentence and grant of bail.
By the impugned judgment dated 14.05.2024 passed
by learned Upper Sessions Judge, (FTC), Korba, District-
Korba (C.G.) in S.T. No. 49/2024, the appellant has been
convicted and sentenced as mentioned below :
Conviction Sentence
Under Section RI for 10 years and fine of Rs.1,000/-,
376(2)(n) of IPC in default of payment of fine amount
additional R.I. for 01 year.
Learned counsel for the appellant submits that the
appellant is innocent and is falsely implicated in the case. It
is further submitted that the trial Court failed to appreciate
the significant delay of about 10 months in lodging the FIR,
as the alleged incident occurred between 01.12.2020 to
30.05.2023, but the FIR was lodged only on 05.03.2024,
without any plausible explanation for the delay. He also
argues that the prosecutrix, being a major lady aged about
29 years, was a consenting party, and the appellant has
never promised the prosecutrix to marry her. He also
submits that during trial the appellant was in jail for about
02 months and now in jail after passing of the judgment
since 14.05.2025 and appeal is likely to take considerable
time. Hence, it is prayed that I.A. No. 01/2025 may be
allowed and the appellant may be released on bail.
On the other hand, learned State counsel opposes the
application for suspension of sentence and grant of bail. She
further submits that the appellant has committed sexual
intercouse with the prosecutrix from 01.12.2020 to
30.05.2023 at different places on the pretext of marriage. It
is further submitted that under Section 376(2)(n) of IPC, the
maximum sentence is 10 years, at this stage, he may not be
released on bail.
I have heard learned counsel appearing for the parties.
Upon perusal of the record, it is evident that the
prosecutrix is aged about 26 years, was a consenting party to
the physical relationship, which commenced in December
2020 and continued until April 2023, at different places
based on the promise of marriage. The FIR was lodged on
05.03.2024, after the promise of marriage was allegedly
refused. During the trial, the appellant was in jail for about
02 months. Following the judgment, the appellant has been
in jail since 14.05.2025. Considering the totality of the facts
and circumstances on record, and given that the appeal is
likely to take considerable time for disposal, I find it
appropriate to release the appellant on bail during the
pendency of this appeal.
Accordingly, the I.A. No. 01/2025 is allowed.
The execution of substantive jail sentences imposed
upon the appellant shall remain suspended during the
pendency of this appeal and he shall be released on bail on
executing a personal bond for a sum of Rs.25,000/- with one
surety for the like sum to the satisfaction of the concerned
trial Court for his appearance before the Registry of this
Court on 25.08.2025. 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 subsequent
dates as are given to him by the said Court, till disposal of
this appeal.
List this case for final hearing in its chronological
order.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.
