Chattisgarh High Court
Padam Singh @ Rahul Rajput vs State Of Chhattisgarh on 7 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2158 of 2023
Padam Singh @ Rahul Rajput S/o Ramsingh Rajput Aged About 26
Years Resident Of Village-Khirkiya, Thana - Chhipabad, District
Harda (M.P.)
... Appellant
versus
State of Chhattisgarh Through - The Police Station Fingeshwar,
District - Gariyaband Chhattisgarh.
... Respondent
Order Sheet
RAJSHEKHAR 07/03/2025 None appears on behalf of the appellant to
SONI
press this application for suspension of sentence. Ms.
Subha Shrivastava, learned Panel Lawyer, appearing
for the State/respondent is present.
With the assistance of learned State counsel
this Court proceeds to hear and dispose of the instant
application for suspension of sentence and grant of
bail (I.A. No. 02 of 2023).
By the impugned judgment of conviction and
order of sentence dated 26.07.2023 passed in
POCSO Case No. 45/2021, the learned Additional
Sessions Judge F.T.S.C. (POCSO Act), Gariyaband,
District - Gariyaband, C.G, has convicted and
sentenced the appellant in the following manner:
Conviction Sentence Fine In default of
under (Rigorous payment of
Section imprisonment) fine
add. R.I.
Section 366 5 years Rs. 1,000/- 02 months
of the IPC
Section 10 years Rs. 2,000/- 02 months
376(2)(n) of
the IPC
Learned State counsel opposes the prayer for
grant of bail to the appellant and submits that appellant
committed sexual intercourse with the victim on the
pretext of marriage, therefore, the findings arrived at by
the learned trial Court is just and proper.
I have heard learned State counsel and perused
the documents appended with the bail application.
This Court relied upon the judgment passed by
the Hon'ble Apex Court in the matters of Atul Alias
Ashutosh vs. State of Madhya Pradesh (2024) 3
SCC 663 and Nanhe Lal Verma vs. State of
Madhya Pradesh (Arising out of SLP (Criminal)
No. 14769 of 2024) decided on 25.11.2024 wherein,
the Hon'ble Apex Court has held that when there is a
fixed term sentence and especially when the appeal is
not likely to be heard before completing entire period of
sentence, normally suspension of sentence and bail
should be granted.
Considering the law laid down by the Hon'ble
Apex Court in Atul Alia Ashutosh (Supra) and
Nanhe Lal Verma (Supra), also considering the
evidence available on record and it is observed that as
per the prosecution case, though it has been alleged
that the victim is a minor girl aged about 16 years, but
there is no any documentary evidence to show that she
was a minor girl at the time of incident. Moreover, her
statement recorded by the trial Court goes to show that
she was having affair with the appellant and she
voluntarily accompanied and established physical
relationship with him, and the FSL and MLC reports
are also negative, further the appellant was convicted
RI for 10 years for offence under Section 376(2)(n) of
the IPC, out of which he has already served out more
than 4 years in jail, further, considering the fact that the
appellant is in jail since 17.12.2020 and further hearing
of this appeal would take prolonged period of time, I
deem it appropriate to allow the application for
suspension of sentence and grant of bail moved on
behalf of the appellant.
Accordingly, the substantive jail sentence
awarded to appellant- Padam Singh @ Rahul
Rajput, by the learned trial Court is hereby suspended.
He shall be released on bail on his executing bail bond
to the satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on
15.04.2025. 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. 2 of 2023 is allowed.
It is made clear that the observations made
hereinabove are only confined for disposal of aforesaid
I.A. filed in this appeal and it shall not be construed as
an expression of opinion of this Court on the merits of
the matter.
List this matter for final hearing.
Copy of this order be sent to the trial Court
concerned who shall communicate the same with the
appellant, or where he is confined in jail, within a period
of 3 days from the date of passing of this order.
Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar
