Biralal Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 1795 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                               Order Sheet

                            CRA No. 854 of 2021

Biralal Sahu S/o Ramcharan Sahu, Aged About 39 Years R/o Village
Bhuneshwarpur, Police Station Ramanujnagar, District : Surajpur, Chhattisgarh

                                                                   ---- Appellant

                                  Versus

State of Chhattisgarh through Station House Officer, Police of Police Station
Ramanujnagar, District : Surajpur, Chhattisgarh

                                                                 ---- Respondent

01.

16.08.2021 Mr. Anil Gulati, Counsel for the Appellant.

Mr. H.S. Ahluwalia, Dy. A.G. for the State/Respondent.

Heard on admission.

Admit.

Also heard on I.A. No. 1/2021, an application for suspension

of sentence and grant of bail to the Appellant.

By the impugned judgment date 23.07.2021 passed in

Special Case No.02/2019 by learned Special Judge (SC/ST Act),

Surajpur, District: Surajpur (C.G.) the Appellant stands convicted as

mentioned below:

                  Conviction               Sentence              In Default

             U/s 506 of IPC         RI for 03 months with In default of payment
                                    a fine amount of of          fine    amount
                                    Rs.100/-              additional RI for 15
                                                days.

U/s 3(1) (r) of SC & RI for 06 months with In default of payment ST (Prevention of a fine amount of of fine amount Atrocities) Act Rs.100/- additional RI for 15 days.

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 during trial the Appellant was on bail 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

have not misused the liberty, 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 10.12.2021. 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 due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh