Chattisgarh High Court
Biju Patikar vs State Of Chhattisgarh on 2 May, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1524 of 2024
1 - Biju Patikar S/o Kanhu Patikar, Aged About 23 Years R/o Village Ludupali,
P.S. Ambabhauna, District- Bargarh ( Orissa ).
... Appellant(s)
versus
1 - State Of Chhattisgarh Through- The Station House Officer, Police Station
Sariya, District- Sarangarh- Bilaigarh ( C.G.).
... Respondent(s)
Order Sheet
02/05/2025 Mr. Manoj Kumar Jaiswal, learned counsel for the
appellant.
Ms. Laxmeen Kashyap, learned Panel Lawyer appearing
for the respondent/State.
Heard on I.A. No. 1/2024, which is an application under
Section 430 of BNSS, 2023 for suspension of sentence and grant
of bail.
The appellant has been convicted and sentenced by the
judgment of conviction and order of sentence dated 07.08.2024,
passed by Learned Additional Sessions Judge, Fast Track
Special Court (POCSO Act) Sarangarh, District Sarangarh
Bilaigarh, in Special Criminal Case under the (POCSO Act) No.
17/2019, in the following manner with a direction to run all the
sentences concurrently:-
Conviction Sentence
Section 363 of IPC RI for 04 year and fine of Rs.
500, in default of fine 01 month
RI.
Section 366 read with Section RI for 05 years and fine of Rs.
368 of IPC 500/-, in default of fine 01
month RI.
Section 4 (l) of Protection of RI for 10 years and fine of Rs.
Children from Sexual offences 1000/-, in default of fine 01 year
Act, 2012. RI.
Learned counsel for the appellant would submit that there
is no legally admissible evidence with respect to the age of the
victim she is major girl having love affair with the appellant and
she herself eloped with her on her own will and engaged in
making consensual physical relation without raising any objection.
He has been convicted by the learned trial Court on the ground
that the victim was minor on the date of incident and the appellant
committed rape upon her whereas she was the consenting party
in making physical relation the appellant. The appellant is in jail
since 07.08.2024. The appeal is of the year 2024 and final
adjudication of the appeal will take its own time, he would also
submits that during the trial the appellant was on bail and has not
misused the liberty, therefore, he may be released on bail.
On the other hand, learned counsel for the State opposes.
Considering the submissions made by learned counsel for
the parties, considering the nature of allegation and evidence
available on record, particularly considering the evidence and age
of the victim as well as her deposition, the appellant was on bail
during the trial and final adjudication of the appeal will take its
own time, I am inclined to allow the application and release the
appellant on bail.
Accordingly, I.A. No. 01/2024, is allowed.
It is directed that the substantive jail sentence
imposed upon the appellant shall remain suspended during
the pendency of this appeal and he shall be released on bail
on his furnishing a personal bond in the sum of Rs. 25,000/-
with one surety in the like sum to the satisfaction of the
concerned trial Court for his appearance before the Registry
of this Court on 27.06.2025 and thereafter appear before the
concerned trial Court on a date to be fixed 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 due course.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ALOK SHARMA
SHARMA Date:
2025.05.02
20:33:16 +0530
Alok
