Chattisgarh High Court
Banshi Lal And Ors vs State Of Chhattisgarh on 17 May, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 275 of 2002
1. Banshi Lal s/o Bunde Satnami aged about 45 years
2. Tijelal s/o Bhulau aged about 26 years
3. Anjor Singh s/o Deo Singh aged about 25 years
All are residents-Cultivators of Village Chandnu P.S. Nandghat Distt. Durg
(C.G.)
4. Radhe s/o Adhar aged about 30 years
5. Adhar s/o Shekhwa aged about 74 years
Both are Cultivators -resident of village Newur P.S. Nawagarh Distt. Durg
(C.G.)
6. Suman s/o Shyamlal aged about 32 years cultivator-resident of village
Sheoni Near Murkutta, P.S. Nawagarh Distt. Durg (C.G.)
7. Phool Bai wd/o Sagar Singh aged about 78 years cultivator-r/o,. Village
Newur P.S. Nawagarh
8. Amar Singh s/o Kunderam aged about 56 years
9. Smt. Surit Bai w/o Banshilal aged about 45 years Cultivator-resident of
village Chandnu P.S. Nandghat Distt. Durg (C.G.)
10. Sham Bai w/o Banshilal aged about 41 years Cultivator-resident of
village Chandnu P.S. Nandghat Distt. Durg (C.G.)
11. Kaushal s/o Adhar Singh aged about 35 years Cultivator-resident of
village Newur P.S. Nawagarh Sub Division Bemetara, Distt. Durg (C.G.)
---- Appellants
Versus
• State Of Chhattisgarh through P.S. Nawagarh Distt. Durg
---- Respondent
17.05.2021 Mr. B.K. Chakrabarty, Counsel for the appellant.
Mr. Siddharth Dubey, Dy. G.A. for the State.
Heard on I.A. No. 01/2021, which is the application for suspension of
sentence and grant of bail for appellants No. 1- Banshilal, 3- Anjor Singh, 4-
Radhe, 6- Suman, 9-Smt. Surit Bai & 11-Kaushal.
The appellants were convicted by the judgment/ order dated
21.02.2002 passed by the learned Third Additional Sessions Judge, First
Fast Track Court, Bemetara Distt. Durg (C.G.) in Special Trial No. 173/2000.
By order dated 22.01.2021, the above appellants were directed to be
arrested for jumping the bail bond. Subsequently, appellant No. 9-Smt. Surit
Bai was produced before the Registry of this Court on 12.04.2021 by the
Police. At the same time, it was reported that appellants No. 1, 3, 4 & 11 are
suffering from Covid whereas appellant No. 6 is admitted in hospital for
mental illness, therefore, they could not be produced.
On due consideration of the fact that the appellants were earlier
enlarged on bail and they were directed to be arrested by order dated
22.01.2021 and since, considerable time has been passed from the date of
their arrest, I am inclined to allow the application for suspension of sentence
and grant of bail. Accordingly, I.A. No. 01/2021 is allowed.
Execution of further substantive jail sentence imposed on the
appellants No. 1- Banshilal, 3- Anjor Singh, 4-Radhe, 6- Suman, 9-Smt. Surit
Bai & 11-Kaushal shall remain suspended and they are directed to be
released on bail on each of them executing a personal bond for a sum of
Rs.10,000/- each with one surety for the like sum to the satisfaction of the
concerned Trial Court for their appearance before the Registry of this Court
on 5th August, 2021. They shall thereafter appear before the concerned 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.
Accordingly, I.A. No. 02/2021 & 04/2021 i.e. application for urgent
hearing and I.A. No. 03/2021 i.e. application for hearing the matter in
summer vacation, all stands disposed off.
Sd/-
(Goutam Bhaduri)
Vacation Judge
Vishakha
