Premkumar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 898 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 297 of 2021

• Premkumar Sahu, S/o Shri Mayadhar Sahu, Aged about 47 years, R/o
  Village- Runjhuni, Thana- Rajadeori, District- Balodabazar-Bhatapara (C.G.).

                                                                         ---- Appellant

                                    Versus

• State of Chhattisgarh, Through The District Magistrate, Balodabazar, District-
  Balodabazar- Bhatapara (C.G.).

                                                                   ---- Respondent

06.07.2021 Mr. Sunil Sahu, Counsel for the Appellant.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard on I.A. No. 01/2021 for suspension of sentence and

grant of bail to the Appellant.

By the impugned judgment dated 24.02.2021 passed in

Special Sessions Case No. 15/2019 by the Special Judge

(Atrocities), Balodabazar, District Balodabazar (C.G.) the

Appellant stands convicted as mentioned below:

                   Conviction             Sentence                In Default

              u/S 452 of IPC         RI for 03 years and In    default   of
                                     fine   amount     of payment of fine
                                     Rs.3,000/-.          amount additional
                                              RI for 03 months.

u/S 354 of IPC        RI for 04 years and In      default    of
                      fine   amount     of payment of fine
                      Rs.10,000/-.         amount additional
                                           RI for 06 months.

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. There are material contradiction and omission occurred in

the statement of the victim and other witnesses, therefore, their

statements are not reliable. He further submits that the Appellant

is in jail since 24.02.2021 and during trial he was on bail and not

misused the liberty granted to him. Hence, it is prayed that his

application may be allowed.

On the other hand, Learned counsel for the State has

opposed the bail application.

Heard both the parties.

Considering the fact that the Appellant is in jail since

24.02.2021 and during trial he was on bail and not misused the

liberty granted to him. I am of this opinion that it will be proper to

release the Appellant on bail during the pendency of this appeal.

On 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. 20,000/- 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 09.12.2021. 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

Vasant