Citation : 2025 Latest Caselaw 4123 Chatt
Judgement Date : 1 September, 2025
-1-
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 523 of 2025
Gendlal Dewangan S/o Shri Kapilnath Dewangan Aged About 37 Years R/o
Village Simga, Azad Chowk, P.S. Simga, District Balodabazar Bhatapara
Chhattisgarh.
... Appellant (s)
versus
State Of Chhattisgarh Through The Police Station Jashpur, District Jashpur
Chhattisgarh.
... Respondent(s)
01/09/2025 Mr. Shobhit Koshta, counsel for the appellant.
Ms. Priya Sharma, Panel Lawyer for the State. Heard on IA No.1 which is an application for suspension of sentence and grant of bail.
Appellant has been convicted under Sections 376, 420 of IPC and sentenced to undergo maximum jail sentence of 10 years under Section 376 of IPC vide judgment of conviction and order of sentence dated 01.03.2025 passed in Special (SC ST) Case No.52 of 2021 by learned Special Judge, SC ST (Prevention of Atrocities) Digitally signed by PRAVEEN Act, Jashpur, District Jashpur. KUMAR SINHA Date:
Learned counsel for the appellant submits that the 2025.09.01 18:57:38 +0530 victim/complainant is a major lady aged about 26 years and from
her evidence (PW1) it is appearing that she was a consenting party. Her grievance against the appellant is with regard to non- providing of government job even after obtaining money from her for which appellant is convicted only for 3 years out of which he has served out more than 1 year and 9 months of substantive jail sentence. He also contended that during trial appellant was on bail and he has not misused the liberty granted to him.
On the other hand, learned counsel for the State opposes the submission of learned counsel for the appellant.
On due consideration of submission of learned counsel for respective parties, evidence of PW1 and further that appellant was on bail during trial, hearing of appeal may take some time, I consider it to be an appropriate case to suspend the substantive jail sentence imposed on the appellant.
Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of the appeal and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 3rd November 2025. Thereafter, he shall appear before the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this appeal.
Certified copy as per rules.
Sd/--/-/---/-/-
(Parth Prateem Sahu) Judge Praveen
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