Manharan And Others vs State Of Chhattisgarh
2021 Latest Caselaw 107 Chatt

                                                  1

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet

                            Proceeding Through Video Conferencing

                                      Cr.A. No. 1030 of 2002
    1. Manharan S/o Doulal Tamboli, aged 28 years
    2. Chhatalal S/o Doulal Tamboli, aged 35 years
    3. Dinesh S/o Doulal Tamboli, aged 32 years

        All R/o Village Katagi, P.S. Kasdole, District Raipur (C.G.)
                                                                                    ----Appellants

                                                  Versus

       State of Chhattisgarh
                                                                                   ----Respondent

12.05.2021 Ms. Smriti Shrivastava, Advocate for the appellants.

Shri H.S. Ahluwalia, Deputy Advocate General for the State.

Heard.

Admit.

Also 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 30.08.2002 passed by the Second Additional Sessions Judge, Balodabazar, Raipur (C.G.) in Sessions Trial No. 488/2001, each of the appellants stand convicted and sentenced as under:

                                Conviction                             Sentences
                    Under Section 324/34 of the             R.I. for three years and fine of
                    Indian Penal Code (hereinafter          Rs.1,000/-,    in   default   of
                    referred to as the 'IPC')               payment of fine to further
                                                            undergo R.I. for three months
                                                            each for assaulting Rajesh
                    Under Section 324/34 of the             R.I. for three years and fine of
                    Indian Penal Code (hereinafter          Rs.1,000/-,    in   default   of
                    referred to as the 'IPC')               payment of fine to further
                                                            undergo R.I. for three months
                                                            each for assaulting Santosh

The coordinate bench of this Court vide order dated 05.03.2021 issued

non-bailable warrants against the appellants for their production before the

Court on 05.05.2021. Vide order dated 10.05.2021, the appellants were

produced before the Court from jail and was sent back to jail.

Considering the facts and circumstances of the case, the detention

period of the appellants, the fact that due to covid-19 pandemic, disposal of the

appeal is likely to take some time, without further commenting on merits, I am

of the opinion that present is a fit case to suspend the jail sentence imposed

upon the appellants and to release them on bail.

Accordingly, the application (I.A. No. 1 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon 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 two sureties of Rs.25,000/- each to the satisfaction of

the trial Court. They shall appear before the trial Court on 19th July, 2021 and

thereafter 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.

Sd/-

(Gautam Chourdiya) Vacation Judge

vatti