Chattisgarh High Court
Vashudev Singh Bhashkar vs The State Of Chhattisgarh on 22 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1682 of 2023
Vashudev Singh Bhashkar S/o Kedar Singh Bhashkar Aged About 30
Years R/o Village Sevri P.S. And Tehsil Patan Present R/o Milan Chowk
Near Anil Aata Chakki Rental House of Satai Yadav Bhilai P.S. Chhawni
District Durg Chhattisgarh.
... Appellant
versus
The State of Chhattisgarh Through SHO Police Station Aajak/ Chhawni,
District Durg Chhattisgarh.
... Respondent
Order Sheet
22/03/2025 Heard Mr. Vijay Kumar Sahu, learned counsel for
the appellant. Also heard Mr. Bharat Gulbani, learned
Panel Lawyer, appearing for the respondent/State.
Admit.
Since Mr. Bharat Gulbani, learned Panel Lawyer
Digitally
signed by
ABHISHEK
ABHISHEK SHRIVAS
has put in appearance on behalf of the respondent/State
SHRIVAS Date:
2025.03.22
16:42:17
+0530
there is no need to issue fresh notice to the respondent.
Also heard on the instant application for
suspension of sentence and grant of bail (I.A. No. 1 of
2023).
By the impugned judgment of conviction and order
of sentence dated 27.06.2023, the learned Special
Judge (SC/ST Prevention of Atrocities Act 1989) Durg
(C.G.) in Session Sessions Case No. 08/2022, has
convicted and sentenced the appellant in the following
manner:
Conviction Sentence
Under Section 376(2)(L) of Rigorous imprisonment (for
the Indian Penal Code (for short, 'R.I.') for 10 years
short, 'IPC') with fine of Rs. 1000/-, in
default of payment of fine
further RI for 06 months.
U/S 366 of the IPC RI for 07 years with fine of
Rs. 1000/-, in default of
payment of fine further RI
for 06 months.
Both the sentences are run concurrently
Learned counsel for the convict/appellant has
argued that the appellant has been falsely implicated in
the present case and there is no evidence on record to
connect the appellant with commission of the offence.
The learned counsel for the appellant further argues that,
as per the statement recorded under Section 164 of the
Cr.P.C., the victim is a major girl, approximately 21 years
old. Although it was stated that the appellant committed
rape upon her, but during her cross-examination,
specifically in paragraph 14, it is evident that she had
voluntarily accompanied the appellant to the place where
the alleged incident occurred, which goes to show that
the victim was a consenting parity. He also submits that,
despite the allegation of rape against the appellant, but
the Doctor's opinion states that no definitive conclusion
of rape can be made. Furthermore, the medical
examination found no internal or external injuries on the
victim's body. He also submits that the appellant is
languishing in jail since 15.03.2022, further, the appeal is
likely to take a couple of years or even more in its final
disposal, hence, he prays that the appellant be enlarged
on bail.
Learned counsel for the appellant 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.
On the other hand, learned State counsel opposes
the prayer for grant of bail to the appellant and submits
that appellant committed forcefully rape with the victim,
therefore, the findings arrived at by the learned trial Court
is just and proper.
I have heard learned counsel for the parties and
perused the documents appended with the bail
application.
Considering the submissions advanced by the
learned counsel for the parties, further 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
from perusal of the statement of the victim, the victim
aged about 21 years, a major girl and she admitted in her
statement under Section 164 of the Cr.P.C. that she
voluntarily accompanied the appellant to the place of the
alleged incident, this contradicts the initial allegation of
rape, moreover, the medical examination failed to find
any internal or external injuries on the victim's body, and
the Doctor's opinion concludes that no definitive
evidence of rape exists, also considering the fact that the
appellant is in jail since 15.03.2022 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- Vashudev Singh Bhashkar, 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
24.04.2025. 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. 1 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.
C.C. as per rules.
Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
