Kalim vs State Of Chhattisgarh
2021 Latest Caselaw 3728 Chatt

                                              1

               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                           Criminal Appeal No. 1576 of 2021

 1. Kalim, S/o Salim, Aged about 46 years,
 2. Kustar, S/o Kalim, Aged about 24 years,
    Both the Appellants are R/o Village- Akshaypur, Police Station- Ramanujnagar,
    District Surajpur (C.G.)

                                                                               ----- Appellants   s




                                       versus
    State of Chhattisgarh, through Station House Officer, Police Station Ramanujnagar,
     District Surajpur (C.G.)
                                                                             ----- Respondent

15/12/2021 Shri Surfaraj Khan, Advocate for the appellants.

Ms. Binu Sharma, Panel Lawyer for the State.

As per State counsel, notice has been served upon the victim/complainant, but neither he is present nor is there any representation on his behalf.

Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellants.

By the impugned judgment dated 12.11.2021 passed by the Special Sessions Judge (SC/ST Act), Surajpur, District Surajpur (C.G.) in Special Trial No. 01/2019, each of the appellants stands convicted and sentenced as under:

                                 Conviction                             Sentences
                   Under Section 294 of IPC                   R.I. for one month and fine of
                                                              Rs.100/- each, in default of
                                                              payment of fine to further
                                                              undergo R.I. for fifteen days
                                                              each
                   Under Section 323/34 of IPC                R.I. for three months and fine of
                                                              Rs.100/- each, in default of
                                                              payment of fine to further
                                                              undergo R.I. for fifteen days
                                                              each
                   Under Section 3 (1) (s) of                 R.I. for six months and fine of
                   Scheduled Castes and Scheduled             Rs.500/- each, in default of
                   Tribes (Prevention of Atrocities)          payment of fine to further
                   Act                                        undergo R.I. for fifteen days
                                                              each

Considering the material available on record, particularly considering the

short sentences awarded to each of the appellants i.e. six months R.I., they

were on bail during trial, they did not misuse the liberty so granted, and 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 sentences

imposed upon the appellants and to release them on bail.

Accordingly, the application (I.A. No. 01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

each of the appellants shall remain suspended during the pendency of this

appeal and they shall be released on bail on their furnishing a personal bond in

the sum of Rs.50,000/- with one surety of Rs.50,000/- each to the satisfaction of

the trial Court. They shall appear before the Registry of this Court on 21th

February, 2022 and thereafter shall appear before the trial Court on a date to be

given by the Registry and shall continue to appear there on all such dates as are

given to them by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

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