Birbal Ram Rajwade vs State Of Chhattisgarh
2021 Latest Caselaw 3040 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                  CRA No. 1316 of 2021

      Birbal Ram Rajwade, S/o Late Shri Devnandan Rajwade, Aged About 50
       Years, R/o Village- Kailaspur, P.S. Jainagar, District- Surajpur Chhattisgarh.
                                                                           ---- Appellant
                                         Versus
      State of Chhattisgarh, Through- Station House Officer, P.S.- Jainagar, District-
       Surajpur, Chhattisgarh.                                          ---- Respondent

08.11.2021 Shri Surfaraj Khan, counsel for the appellant.

Shri Rahim Ubwani, Panel Lawyer for the State/respondent. Heard on admission.

This appeal is admitted for hearing.

Call for the record of the Court below.

Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 05.10.2021 passed in Sessions Case No. 71/2018 by Third Additional Sessions Judge, Surajpur, District- Surajpur (C.G.) in the following manner:-

                            Conviction                             Sentences
                  Under Section 325 of IPC               R.I. for 3 years and fine of Rs.
                                                         100/- in default of payment of
                                                         fine    amount      15    days
                                                         additional S.I.

Learned counsel for the appellant submits that there is no reliable evidence against the present appellant to involve him in this case, essential

ingredient of the offence for convicting the appellant is missing, the appellant was on bail during trial and he did not misuse the liberty granted to him, he has paid the fine amount imposed upon him and disposal of this appeal is likely to take some time, therefore, the appellant be released on bail.

On the other hand, learned counsel for the State opposes bail application.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellant, he was on bail during trial and did not misuse the liberty granted to him, he has paid the fine amount imposed upon him and final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court. He shall appear before the Registry of this Court on 22nd February, 2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in due course. as per rules

Sd/-

(Gautam Chourdiya) Judge

Nadim