Gulab Singh vs State Of Chhattisgarh

Heard on I.A. No.1/2020, application for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment of conviction and order of sentence dated 11.12.2019, passed in S.T. No. 18/2019, by the learned

Additional Sessions Judge, Pendra Road, District- Bilaspur (C.G.) in the following manner:-

U/s. 376 of the Indian : R.I. for 10 years and fine of Penal Code. Rs.5,000/- and in default of payment of fine, further undergo six months of rigorous

imprisonment.

Learned counsel appearing for the appellant would submit that the appellant has been erroneously convicted by the learned trial Court without there

being any evidence of prosecution beyond reasonable doubt. The deposition of the P.W.-7 very clearly shows that there had been long relation

between applicant and the prosecutrix, therefore, the relationship between them is consensual. The prosecutrix is not minor. The applicant is in jail

since two years. There is no likelihood of final hearing of this case in near future. Hence, it is prayed that the sentence of imprisonment against the

appellant be suspended and he may be enlarged on bail.

Per contra, the learned State counsel opposes the prayer for suspension of sentence and grant of bail. It is submitted that it is clear case, in which, the

applicant got the submission of the prosecutrix on the basis of false promise of marrying her and also there is evidence regarding conception of the

prosecutrix in the medical evidence, which was aborted according to the statement of the prosecutrix herself, therefore, the applicant is not entitled for

grant of bail.

I have heard the learned counsel for the parties.

Considered on the submissions and perused the evidence present in the record of the trial Court. After perusal of the evidence available on record and

taking into consideration all the facts and circumstances of the case and further taking into the fact that there is no likelihood of final hearing of this

appeal in near future, hence for this reason, this Court is of the opinion that it is a fit case to suspend the sentence and release the appellant on bail.

Accordingly, I.A. No.1/2020, application for suspension of sentence and grant of bail, is allowed.

Execution of substantive jail sentence imposed on appellant shall remain suspended and he is directed to be released on bail on his executing a

personal bond for a sum 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 22nd July, 2021. He shall thereafter appear before the 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, till the disposal of this appeal.

Certified copy as per rules.