Chattisgarh High Court
Golu @ Aakash Singh vs State Of Chhattisgarh on 5 April, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 400 of 2021
Golu @ Aakash Singh, S/o Madan Singh Rajput ,Aged About 24 Years, R/o Village
Govindpur, Kumda Basti, Police Station Vishrampur, District Surajpur Chhattisgarh.
---- Appellant
Versus
State of Chhattisgarh, Through: Station House Officer (AJAK) Surajpur, District:
Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh
---- Respondent
05/04/2021 Mr. Gyan Prakash Shukla, counsel for the Appellant.
Dr. (Ms.) Veena Nair, Dy.A.G.for the State/Respondent.
Heard on admission.
Admit.
Heard on I.A. No.1/2021, application for suspension of sentence
and grant of bail.
By the impugned judgment dated 15.02.2021 passed by the
Special Judge (SC/ST Act) Surajpur, District- Surajpur (C.G.) in Special
Criminal Case No.12/2019, the appellant stands convicted and
sentenced as under:
Conviction Sentences
Under Section 294 of Indian R.I. for period of 1 month with
Penal Code. fine of Rs. 100/-, in default of
payment of fine further
undergo R.I. for 15 months.
Offence under Section 506 of R.I. for period of 3 months
Indian Penal Code. with fine of Rs. 100/-, in
default of payment of fine
further undergo R.I. for 15
months.
Offence under Section 3 (1) (S) R.I. for period of 6 months
of ST/SC Act. with fine of Rs. 100/-, in
default of payment of fine
further undergo R.I. for 15
months
All the sentences run
concurrently. The period
already undergone to be
adjusted.
Learned counsel for the appellant submits that there is no reliable
evidence against the present appellant to involve him in this case,
maximum sentence awarded to the appellant is six months, he has
already been deposited the fine amount imposed upon him by the trial
Court, essential ingredient of the offence for convicting the appellant is
missing, the appellant was on bail during trial and he did not misuse the
liberty, he has no criminal antecedents and disposal of this appeal is
likely to take some time, therefore, the appellant be released on bail.
On the other hand, learned counsel for the State opposes bail and
submits that appellant has no criminal antecedents.
Learned State counsel submits that complainant/victim was duly
served with the notice and informed about the present proceedings.
However, neither the complainant/victim is present in person nor is there
any representation on his behalf.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case, particularly
considering the fact that appellant was on bail during trial, short
sentence, the appellant was on bail during trial and even after passing of
the impugned judgment and he did not misuse the liberty granted to him,
he has already been deposited the fine amount imposed upon him by the
trial Court, he has no criminal antecedents as admitted by both the
counsel and that disposal of this appeal is likely to take some time,
without further commenting on merit, I am of the opinion that present is a
fit case to suspend the jail sentence imposed upon the appellant and to
release him on bail.
Accordingly, the application (I.A. No.1/2021) for suspension of
sentence and grant of bail is allowed.
It is directed that the execution of 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.50,000/- with two sureties of Rs.25,000/-
each to the satisfaction of the trial Court. He shall appear before the trial
Court on 14th June, 2021 and thereafter continue to appear there on all
such dates as are given to him by the said Court till disposal of this
appeal. The appellant shall not involve himself in any offence of similar
nature in future.
List the case for final hearing in due course.
Sd/-
(Gautam Chourdiya)
Judge
Nadim
