Shekhar Jagne vs State Of Chhattisgarh

Heard on I.A. No.01/2021 bail application for suspension of sentence and grant of bail.

Appellant has been convicted by the judgment dated 21/01/2021 passed in Special Criminal Case No.136/2018 passed by the Additional Sessions

Judge, First Fast Track Special Court, Raipur (C.G.) in the following manner with a direction to run all the sentences concurrently:- U/s 376 of IPC :

RI for 10 years and fine of Rs.5000/-, in default of payment of fine, to undergo further RI for 3 months.

U/s 342 of IPC : RI for 2 months and fine of Rs.200/-, in default of payment of fine, to undergo further RI for 7 days.

U/s 506 of IPC RI for 1 year and fine of Rs.500/-, in default of payment of fine, to undergo further RI for 15 days.

Learned Counsel for the appellant submits that the prosecutrix was more than 17 years of age on the date of incident and they were in love affair

which was not accepted by the parents. Subsequently they have performed marriage which would be evident from the bail order and the affidavit

which is filed as Annexure A-3, therefore the appellant may be released on bail.

Learned State Counsel opposes the prayer for grant of bail. Perused the statement of the prosecutrix PW-1. After consideration of the statement,

prima facie it shows that the prosecutrix was more than 17 years on the date of incident and thereafter taking into fact copy of the affidavit which

was earlier filed would show that appellant and the prosecutrix have performed marriage, therefore I am inclined to release the appellant on bail.

Accordingly, I.A. No.01/2021 bail application for suspension of sentence and grant of bail is allowed.

Execution of further 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 4th August, 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.

In view of the above, I.A. No.02/2021 application for urgent hearing and I.A. No.03/2021 application for hearing the case during summer vacation

stand disposed of.