Chattisgarh High Court
Pramod Kumar Kushwaha vs State Of Chhattisgarh on 11 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 832 of 2021
• Pramod Kumar Kushwaha, S/o Late Ambikeshwar Kushwaha, Aged about 29
years, R/o Village Rajaulipara, Police Chowki- Basdei, Police Station- Surajpur ,
District Surajpur (C.G.).
---- Appellant
Versus
• State of Chhattisgarh, Through- Police Station Incharge, Police Station Ajaak
Surajpur, District Surajpur (C.G.).
---- Respondent
11/08/2021 Mr. D.N. Prajapati, Counsel for the Appellant.
Mr. Ghanshyam Patel, G.A. for the State/Respondent.
Heard on admission.
Admit.
Call for the record of the Court below.
Also heard I.A. No. 01/2021, application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 26.07.2021 passed in
Special Case No. 39/2019 by the learned Special Judge
(SC/ST Act), Surajpur, District-Surajpur (C.G.) the appellant
stands convicted as mentioned below:
Conviction Sentence In Default
U/s 453 of IPC RI for 06 months In default of
with a fine amount payment of fine
of Rs. 200/- amount additional
RI for 01 month.
U/s 354 of IPC RI for 01 year with a In default of
fine amount of payment of fine
Rs.200/- amount additional
RI for 01 month.
U/s 3(1)(w) of the RI for 06 months In default of
SC/ST (Prevention with a fine amount payment of fine
of Atrocities) Act of Rs. 200/- amount additional
RI for 01 month.
Learned counsel for the appellant submits that the
appellant has been wrongly convicted by the trial Court in the
judgment without there being any sufficient evidence available
on record. He further submits that the appellant was on bail
during trial and after the judgment of the trial Court he was
granted temporary 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 considering
this fact that the appellant was on bail during the pendency of
trial and has not misused the liberty, for these reasons, I am of
this opinion that it will be proper to release the appellant on bail
during the pendency of this appeal.
Execution of substantive jail sentences imposed upon the
appellant 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 02.12.2021. 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 its due course.
Sd/-
(Arvind Singh Chandel)
Judge
Vasant
