Chattisgarh High Court
Than Singh Dhru vs State Of Chhattisgarh on 3 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 158 of 2020
1. Than Singh Dhru S/o Shri Thakur Ram Dhru, aged about 49 years, R/o Village
Gourkheda, By Profession Farmer Caste: Gond, Police Station Mahasamund ,
Tahsil And District : Mahasamund, Chhattisgarh.
2. Lalit Dhru S/o Shri Than Singh Dhru, aged about 28 years, R/o Village
Gourkheda, By Profession Farmer Caste Gond, Police Station Mahasamund ,
Tahsil And District : Mahasamund, Chhattisgarh
---- Appellants
Versus
State of Chhattisgarh through The Police Station Mahasamund, District :
Mahasamund, Chhattisgarh
---- Respondent
03.08.2021 Mr. Jameel Akhtar Lohani, Counsel for the Appellants.
Mr. Akash Pandey, P.L. for the State/Respondent.
Heard on I.A. No. 01/2020, an application for suspension of
sentence and grant of bail to the Appellants.
After arguing at length, counsel for the Appellants submits that he
wants to withdraw the instant application with regard to Appellant No.2.
Accordingly, I.A. No.01/2020 is dismissed as withdrawn with
regard to Appellant No.2 namely Lalit Dhru.
By the impugned judgment date 14.01.2020 passed in Session
Trial No.21/2019 by the learned Additional Sessions Judge, Fast Track
Court, Mahasamund, District: Mahasamund (C.G.) the Appellants stands
convicted as mentioned below:
Conviction Sentence In Default
U/s 307 of IPC RI for 5-5 years with a In default of payment
fine amount of of fine amount
Rs.2,000-2,000/- each. additional RI for 3-3
months.
U/s 323/34 of IPC RI for 1-1 year with a In default of payment
fine amount of of fine amount
Rs.1,000-1,000/- each. additional RI for 3-3
months.
Learned counsel for the Appellants submits that the Appellants
have been wrongly convicted by the Trial Court in the judgment without
there being any sufficient evidence available on record. He submits that
the main assailant was Appellant No.2, during trial the Appellant No.1
was on bail and after the judgment of the Trial Court Appellant No.1 is
jail since 14.01.2020 therefore, it is prayed that the Appellant No.1 may
be granted benefit of bail. Hence, it is prayed that his application be
allowed.
On the other hand, learned counsel for the State has opposed the
bail application and submissions made in this respect.
Heard both the parties and perused the record of the Trial Court.
After perusing the impugned judgment and the statements of
witnesses, particularly considering the statements it appears that main
assailant was Appellant No.2. With regard to Appellant No.1, considering
the fact that he was not the main assailant, and considering this fact that
the Appellant No.1 is in 14.01.2020, for these reasons, I am of this
opinion that it will be proper to release the Appellant No.1 on bail during
the pendency of this appeal.
Accordingly, I.A. No.01/2020, is allowed with regard to Appellant
No.1 namely Than Singh Dhru.
Execution of substantive jail sentences imposed upon the
appellant No.1 shall remain suspended during the pendency of this
appeal and he shall be released on bail on executing a personal bond
for a sum of Rs.25,000/- with one solvent surety for the like sum to the
satisfaction of the Trial Court for his appearance before the Registry of
this Court on 24.11.2021. 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.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
