Chattisgarh High Court
Lakhan Sonwani vs The State Of Chhattisgarh on 9 June, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No. 1182 of 2019
1. Lakhan Sonwani, S/o Shri Bodhawa Sonwani, aged about 47 years.
2. Bodhawa Sonwani, S/o Shri Baliram Sonwani, aged about 70 years.
3. Khubas, S/o Shri Bodhawa Ram Sonwani, aged about 32 years.
4. Brijlal, S/o Shri Asharam Manhare, aged about 42 years.
5. Bhukhan, S/o Shri Bodhawa Sonwani, aged about 36 years.
6. Mangalchand, S/o Shri Lakhan Sonwani, aged about 20 years.
7. Sandip Manhare, S/o Shri Brijlal aged about 20 years.
8. Komalchand, S/o Shri Lakhan Sonwani, aged about 18 years.
All are resident of village Hareenbhattha, Chowk Gidhpuri, P.S. Palari, District Balauda Bazar-
Bhatapara (C.G.)
---- Appellants
Versus
The State of Chhattisgarh, Through The Police Station Palari, District Balodabazar-Bhatapara
(C.G.)
---- Respondent
09/06/2021 Shri Satya Prakash Verma, Advocate for Appellants No. 1, 3 and 8.
Shri Sudhir Kumar Verma, Advocate for Appellants No. 4 and 6.
Shri Ajay Chandra, Advocate for Appellants No. 5 and 7.
Shri H.S. Ahluwalia, Deputy Advocate General for the State / Respondent.
Heard on I.A. No. 1 of 2020, I.A. No. 2 of 2020, I.A. No. 3 of 2021 and I.A. No. 4
of 2021 for suspension of sentence and grant of bail to the Appellant.
By the impugned judgment dated 19.07.2019, passed by the learned Third
Additional Sessions Judge, Baloda Bazar, District Baloda Bazar-Bhatapara (C.G.)
in S.T. No. 33 of 2018, the Appellants stand convicted under Sections 148, 325 /
149, 307 / 149 and 307 / 149 of IPC and sentenced to undergo RI for 1 years and
fine of Rs. 100/- and in default of payment of fine, 7 days additional simple
imprisonment, RI for 5 years and fine of Rs. 500/- and in default of payment of fine, 2
months additional simple imprisonment, RI for 7 years and fine of Rs. 500/- in
default of payment of fine, 3 months additional simple imprisonment and RI for 7
years and fine of Rs. 500/- in default of payment of fine, 3 months additional
imprisonment to the Appellants.
This is the second bail application of the Appellants. The first bail application
dismissed as withdrawn on 22.09.2020 with liberty to review the same after six
months, though the Appellant No. 2 (Bodhawa Sonwani) has already been released
on bail by this Court by the same order.
Learned counsel for the Appellants submits that the Appellants have been
wrongly convicted by the Trial Court in the judgment without there being any
clinching evidence available on record. He further submits that the Appellants
are in jail for a quite long time. Hence, it is prayed that the aforesaid I.As for
suspension of sentence and grant of bail be allowed.
On the other hand, learned counsel for the State has opposed the bail
applications and submissions made in this respect.
Heard both the parties.
After perusing the impugned judgment and considering this fact that the
Appellants are in jail since 19.07.2019, I am of this opinion that it will be proper
to release the Appellants No. 1, 3, 4, 5, 6, 7 and 8 on bail during the pendency of
this appeal.
Execution of substantive jail sentences imposed upon the Appellants No. 1,
3, 4, 5, 6, 7 and 8 shall remain suspended during the pendency of this appeal
and they 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 09.12.2021. 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 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
Brijmohan
