Chattisgarh High Court
Sunni Kumar vs State Of Chhattisgarh on 30 July, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 680 of 2019
• Shyam Kanhiya Sao, S/o Rambriksh Sao, Aged about 21 years, R/o Village
Mayapur, Post Kamta, Police Station- Chatra, District- Chatra (Jharkhand).
---- Appellant
Versus
• State of Chhattisgarh, Through- Police Station- Rajpur, District Balrampur-
Ramanujgnaj (Chhattisgarh).
---- Respondent
WITH
CRA No. 779 of 2019
• Ashok Kumar Singh, S/o Late Uday Singh, Aged about 39 years, Occupation-
Driver, R/o Village - Dhada, Post - Dhada, Police Station- Balumath, District
Latehaar (Jharkhand).
• Laxman Kumar Singh @ Rajneesh Singh, S/o Bacchu Prasad Singh, Aged about
28 years, Occupation - Agriculture, R/o Village - Dhada, Post - Dhada, Police
Station- Balumath, District Latehaar (Jharkhand).
---- Appellants
Versus
• State of Chhattisgarh, Through- Police Station- Rajpur, District- Balrampur
Ramanujganj (Chhattisgarh).
---- Respondent
WITH
CRA No. 823 of 2019
• Sudama Shrivastava @ Babulal, S/o Mohit Lal Shrivastava, Aged about 38 years,
Occupation-Business, R/o Village Bariyo, Police Chowki Bariyo, Police Station-
Rajpur, District- Balrampur, Ramanujganj (Chhattisgarh). ---- Appellant
Versus
• State of Chhattisgarh, Through- Station House Officer, Police Station- Rajpur,
District- Balrampur-Ramanujganj (Chhattisgarh).
---- Respondent
WITH
CRA No. 1031 of 2019
• Vicky Kumar Ravi, S/o Jugan Ram, Aged about 22 years, Occupation- Rajmistry,
R/o Village Latu, Post Pulsu, P.S.- Balumath, District- Latehar, Jharkhand, At
Present Village Kasmar, Post- Salaiya, P.S. Herhanj, District- Latehar (Jharkhand).
---- Appellant
Versus
• State of Chhattisgarh, Through- P.S. Rajpur, District- Balrampur-Ramanujganj
(Chhattisgarh).
---- Respondent
WITH
CRA No. 1175 of 2019
• Bigan Sao, S/o Tapeshwar Sao, Aged about 45 years, Occupation Farmer, R/o
Dadha, Post Dadha, Police Station Balumath, District Latehaar (Jharkhand).
---- Appellant
Versus
• State of Chhattisgarh, Through- The Station House Officer, Police Station Rajpur,
District Balrampur-Ramanujganj (Chhattisgarh).
---- Respondent
WITH
CRA No. 769 of 2019
• Sunni Kumar, S/o Late Sarju Saw, Aged about 26 Years, Occupation Decoration,
R/o Village Line Mohalla, Ward No.13, Police Station- Chatra, District- Chatra
(Jharkhand).
---- Appellant
Versus
• State of Chhattisgarh, Through- Police Station- Rajpur, District- Balrampur
Ramanujganj (Chhattisgarh).
---- Respondent
WITH
CRA No. 1901 of 2019
• Sanjay Kumar @ Sumit Kumar Verma, S/o. Vijay Ram, Aged about 25 years,
Occupation Drivery, R/o. Village Line Mohalla, Ward No. 13, P.S. Chatara, District
Chatara (Jharkhand).
---- Appellant
Versus
• State of Chhattisgarh, Through- The Police Station- Rajpur, District Balrampur-
Ramanujganj (Chhattisgarh).
---- Respondent
WITH
CRA No. 759 of 2019
• Buteshwer Yadav @ Patu, S/o Lala Yadav, Aged About 26 Years, Occupation
Labour, R/o Village Bhadai Bathan, Post Manika, Police Station- Manika District
Latehar (Jhharkhand ).
---- Appellant
Versus
• State of Chhattisgarh, Through- Police Station- Rajpur, District- Ramanujganj
(Chhattisgarh).
---- Respondent
30.07.2021 Mr. A.K. Prasad, Mr. Dashrath Kushwaha, Mr. Pushkar Sinha,
Mr. Rakesh Kumar Jha, Mr. Akath Kumar Yadav, Mr. Nasimuddin
Ansari, Mr. Utkal Pradhan, Counsel for the respective Appellants.
Mr. Ghanshyam Patel, G.A. for the State/Respondent.
Heard I.A. No. 01/2019, application for suspension of sentence
and grant of bail to the Appellants.
By the impugned judgment dated 30.03.2019 passed in
Sessions Case No. 32/2018 by the Additional Sessions Judge to the
Court of 2nd Additional Judge, Ramanujganj, District Balrampur (C.G.)
all the appellants stands convicted as mentioned below:
Conviction Sentence In Default
U/s 342 of the IPC RI for 06 months In default of payment of
and fine amount of fine amount additional RI
Rs.500/-. for 02 months.
U/s 323 of the IPC RI for 06 months In default of payment of
and fine amount of fine amount additional RI
Rs. 500/-. for 02 months.
U/s 365 of the IPC RI for 07 years and In default of payment of
fine amount of Rs. fine amount additional RI
2,000/-. for 06 months.
U/s 395 of the IPC. RI for 10 years and In default of payment of
fine amount of Rs. fine amount additional RI
2,000/-. for 06 months.
U/s 25 (1-ख) (क) of RI for 01 year and In default of payment of
fine amount of Rs. fine amount additional RI
the Arms Act.
500/-. for 02 months.
U/s 27 of the Arms RI for 03 years and In default of payment of
Act a fine amount of fine amount additional RI
Rs.1,000/-. for 03 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 identification of the Appellants are suspicious and looted
amount by the Appellants is only Rs. 40,000/-. He further submits
that the Appellants are in jail for about 3 years and appeal is likely to
take some more time. Hence, it is prayed that the bail application of
the appellants may 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.
I have gone through the entire record and the statement of the
witnesses. After due consideration and considering the fact that the
Appellants are in jail for about three years, for these reasons, I am of
this opinion that it will be proper to release the appellants on bail
during the pendency of this appeal.
Execution of substantive jail sentences imposed upon the
appellants shall remain suspended during the pendency of this
appeal and they shall be released on bail on each of them executing
a personal bond for a sum of Rs. 2,00,000/- with two local solvent
sureties each of Rs.1,00,000/- to the satisfaction of the concerned
Trial Court for their appearance before the Registry of this Court on
26.11.2021. 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 this appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Vasant
