Anil Bagh @ Koyal vs State Of Chhattisgarh
2021 Latest Caselaw 86 Chatt

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                                                                                  NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                        Proceeding Through Video Conferencing

                                    CRA No. 97 of 2021

 1.    Anil Bagh @ Koyal S/o Shri Sushil Bagh, Aged About 26 Years, R/o Railway
       Colony (Jhopadi), Rourkela, Police Station- Rourkela, District Sundargarh
       (Orissa).

                                                                           ----Appellant

                                          Versus

 1.    State Of Chhattisgarh, Through The Station House Officer, Police Station
       Masturi, District Bilaspur (C.G.).

                                                                       ---- Respondent

CRA No. 841 of 2020

1. Mohd. Ramjan @ Bablu S/o Mohd. Dulla Khan, Aged About 42 Years, R/o Rajgangpur Bhatthapara Muhalla, District Sundargarh Orissa. Present Address Chingraj Para, Kundurubadi Thana Sarkanda, District Bilaspur (C.G.).

----Appellant

Versus

1. State Of Chhattisgarh Through Station House Officer, Through Police Station Masturi, District Bilaspur (C.G.).

---- Respondent

12/04/2021 Mr. Rishi Rahul Soni and Mr. G.V.K. Rao, Advocates for the respective appellants.

Shri Dinesh R.K. Tiwari, Dy. Govt. Advocate for the State/ respondent.

Heard on I.A. Nos. 02/2021 & 02/2020, applications for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 08.08.2019 passed by the 5 th

Additional Sessions Judge, Bilaspur, District Bilaspur, C.G. in Sessions Case No. 46/2018, the appellants stand convicted and sentenced as under:

In CRA No. 97/2021 (appellant Anil Bagh @ Koyal)

Conviction Sentence

Under Section 147 of Indian Rigorous Imprisonment for two years and Penal Code fine of Rs.500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 148 of Indian Rigorous Imprisonment for three years Penal Code and fine of Rs.500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 120-B of Rigorous Imprisonment for ten years and Indian Penal Code fine of Rs.500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 395/149 of Rigorous Imprisonment for ten years and Indian Penal Code fine of Rs.500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 397/149 of Rigorous Imprisonment for ten years and Indian Penal Code fine of Rs.500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 307/149 of Rigorous Imprisonment for ten years and Indian Penal Code in fine of Rs.500/-, in default of payment of respect of the injured- fine amount to further undergo simple Ishwar Rathour imprisonment for one month

Under Section 307/149 of Rigorous Imprisonment for ten years and Indian Penal Code in fine of Rs.500/-, in default of payment of respect of the injured- fine amount to further undergo simple Kamlesh Maravi imprisonment for one month

All sentences were directed to run concurrently

In CRA No. 841/2020 (appellant Mohd. Ramjan @ Bablu)

Conviction Sentence

Under Section 147 of Indian Rigorous Imprisonment for two years and Penal Code fine of Rs. 500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 148 of Indian Rigorous Imprisonment for three years Penal Code and fine of Rs. 500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 120-B of Rigorous Imprisonment for ten years and Indian Penal Code fine of Rs. 500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 395/149 of Rigorous Imprisonment for ten years and Indian Penal Code fine of Rs. 500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 397/149 of Rigorous Imprisonment for ten years and Indian Penal Code fine of Rs. 500/-, in default of payment of fine amount to further undergo simple imprisonment for one month

Under Section 307/149 of Rigorous Imprisonment for ten years and Indian Penal Code (twice) fine of Rs. 500/- (twice), in default of payment of fine amount to further undergo simple imprisonment for one month (twice).

Under Section 25(1)(A) of Rigorous       Imprisonment for four years
the Arms Act              and fine       of Rs. 500/-, in default of
                          payment        of fine amount to further
                          undergo       simple imprisonment for one
                          month

Under Section 27 of the Rigorous         Imprisonment for four years
Arms Act                and fine         of Rs. 500/-, in default of
                        payment          of fine amount to further
                        undergo         simple imprisonment for one
                        month

(All sentences were directed to run concurrently)

Learned counsel for the appellants submit that there are material contradictions and omissions in the statements of the prosecution witnesses and as such the prosecution has failed to establish its case against the appellants beyond all reasonable doubt. They submit that the other co- accused Feroz Khan (In CRA No. 1512/2019 vide order dated 12/12/2019), Daulat Suryawanshi (in CRA No. 1555/2019 vide order dated 12/12/2019) & Guddu Lahri Sahu Alias Rajesh (In CRA No. 1922/2019 vide order dated 03/02/2020) have already been granted bail by the Co-ordinate Bench of this Court & co-accused Ajay Kumar @ Rahul Anchal (in CRA No. 198/2020 vide order dated 27/11/2020) has been granted bail by this Court and, therefore, the appellants be also released on bail on the ground of parity.

On the other hand, State counsel opposes the bail applications.

Considering the facts and circumstances of the case, detention period of the appellants, in particular the fact that the other co-accused have already been granted bail by the Co-ordinate Bench of this Court and by this Court, and disposal of this appeal is likely to take sometime, without expressing anything on the merits of the case, this Court is of the opinion that present is a fit case to suspend the sentence and release the appellants on bail.

Accordingly, I.A. Nos. 02/2021 & 02/2020, applications for suspension of sentence and grant of bail to the appellants are allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellants shall remain suspended during the pendency of these appeals and they shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- (each) with one surety in the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 15th June, 2021. They 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 them by the said Court, till the disposal of these appeals.

List these cases for final hearing in its due course along with CRA No. 1512/2019, CRA No. 1555 of 2019, CRA No. 1922/2019 and CRA No. 198/2020.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant