Chattisgarh High Court
Dharmendra Singh @ Dharmendra Sidar vs State Of Chhattisgarh on 27 June, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1027 of 2025
• Dharmendra Singh @ Dharmendra Sidar S/o Raja
Surendra Bahadhur Singh Aged About 30 Years R/o Pila
Mahal, Sakti, District - Sakti (C.G.), (In Jail Since
21.05.2025).
... Appellant
versus
• State Of Chhattisgarh Through - S.H.O. - Sakti, District -
Sakti (C.G.).
... Respondent
27.06.2025 Mr. Hemant Gupta, counsel for the appellant.
Ms. Sunita Manikpuri, Dy. G.A. for the State.
Ms. Hamida Siddiqui, counsel for the objector.
Heard.
Admit.
Also heard on I.A. No.01/2025, application for
suspension of Sentence and Grant of bail.
By the impugned judgment dated 21.05.2025
passed by learned Additional Sessions Judge (F.T.C.)
Sakti, District - Sakti (C.G.) in Sessions Case No.
26/2023, whereby the appellant has been convicted for
the offences punishable under Sections 450 and 376(1)
of IPC and sentenced as under:-
Conviction Sentence
U/s 450 of R.I. for 5 years and fine of Rs. 5,000/-, in
IPC default of payment of fine amount
additional R.I. for 3 months.
U/s 376(1) of R.I. for 7 years and fine of Rs. 10,000/-,
IPC in default of payment of fine amount
additional R.I. for 6 months.
(Both the sentences were directed to run concurrently).
Learned counsel for the appellant submits that the
appellant is innocent and is falsely implicated in the
case, and there is no material evidence against the
appellant. He further submits that the victim in the case
is a 47-year-old married woman, and the appellant, a 27-
year-old man, is a distant Hkrhtk of the victim. Both
belong to the royal family, and civil and criminal cases
are pending between them in court regarding property.
The victim is also having a dispute with her husband,
elder mother-in-law, daughter etc. The appellant was on
Anticipatory Bail in the case, which was granted by this
Hon'ble Court. After the FIR, an inquiry report was
submitted by an officer of the DSP rank regarding the
veracity of the FIR, in which it was stated that the case
had not been made out at that stage, as mentioned by
this Court in its Anticipatory Bail order. After the
judgment, the appellant is in custody since 21.05.2025.
The statement of the victim contains serious
contradictions. The presence of other relatives in the
same house at the time of the alleged incident has been
stated, but none of them has supported the
prosecution's case. The victim is said to have informed
her brother over the telephone, who is a resident of
Shivpuri, (M.P.) whereas the incident took place in the
District -Sakti of Chhattisgarh. There is no definite
opinion in the medical report as well. This case was
prepared regarding the property dispute between the
parties. The fine amount has already been paid, and the
conclusion of this appeal is likely to take considerable
time; therefore, the jail sentence of the appellant may be
suspended till the final disposal of the case, and he may
be released from jail.
On the other hand, learned counsel for the State
opposes the same and submits that the victim has
remained consistent in her statement, which is also
supported by the medical report.
The learned counsel appearing on behalf of the
victim/objector, while opposing the suspension of
sentence and bail application, has submitted that the
victim remained unrebutted in her statement, the
evidence of which is supported by other evidence
presented on record. Therefore, considering the gravity of
the offence, the application should be rejected.
Heard learned counsel for the parties and perused
the material available on record.
From the perusal of the entire material, it becomes
clear that there have been many cases between the
parties. The victim is also said to have had disputes with
her other relatives. Keeping in view the entire collected
evidence and considering the facts and circumstances of
the case, and also considering the fact that the fine
amount has already been deposited and the appellant is
in jail since 21.05.2025, and the final disposal of this
appeal is likely to take considerable time, without
commenting on the merits of the case, I am inclined to
suspend the jail sentence of the appellant.
Accordingly, the application I.A. No. 01/2025 is
allowed. It is directed that the substantive jail sentence
imposed upon the appellant shall remain suspended till
final disposal of this case and he shall be released on
bail on his executing a personal bond for a sum of Rs.
25,000/- with one surety for the like sum to the
satisfaction of the trial Court for his appearance before
the Registry of this Court on 28th August, 2025. He shall
thereafter appear before the concerned trial Court on a
date to be given by the Registry of this Court and
thereafter, continue to appear before the trial Court on
all such subsequent dates as are given to him by the
said Court till disposal of this appeal.
Consequently, I.A. No. 04/2025 stands disposed of.
List this case for final hearing in its chronological
order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
