Punit Thethwar vs State Of Chhattisgarh
2021 Latest Caselaw 3079 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet

                                   CRA No. 1204 of 2021

    1. Punit Thethwar, S/o Sumer Thethwar, Aged About 36 Years,

    2. Chumman Gadariya, S/o Pirit Gadariya, Aged About 46 Years,

    3. Manish Thethwar, S/o Lomas Thethwar, Aged About 18 Years,

    4. Nurendra Thethwar, S/o Ghanshyam Thethwar, Aged About 24 Years

    5. Babu Lal Marar, S/o Eshwar Marar, Aged About 20 Years,

    6. Ashish, S/o Likharam Marar, Aged About 18 Years,

    7. Punendra @ Pappu, S/o Chumman Gadariya, Aged About 22 Years,

       All are R/o Village Aamdani, Police Station Khairagarh, District Rajnandgaon
       Chhattisgarh.                                                  ---- Appellants

                                             Versus

      State of Chhattisgarh, Through-             Police   Station   Khairagarh, District-
       Rajnandgaon, Chhattisgarh.                                        ---- Respondent

10.11.2021 Shri Dashrath Kushwaha, counsel for the appellants.

Shri Jitendra Shukla, P. L. for the State. Heard on admission.

This appeal is admitted for hearing. Call for record of the Court below.

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

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 17.09.2021 passed in Special

Case No 17/2019 by the Special Judge (SC/ST Act), Rajnandgaon, District- Rajnandgaon (C.G.) in the following manner:-

                Conviction                           Sentences
     Under Section 147 of IPC           R.I.   for    6         months      each
                                        appellants.



     Under Section 294 of IPC           Fine amount of Rs 300/- each
                                        appellants         in     default     of
                                        payment of fine amount S.I.
                                        for 3 days.


                                        R.I. for 6 months and fine
     Under Section 3 (1) (r) of SC/ST
                                        amount of Rs. 500/- each
     Act
                                        appellants,        in     default     of
                                        payment       of        fine   amount
                                        addition S.I. for 5 days each
                                        appellants.

Under Section 3(1) (s) of SC/ST R.I. for 6 months and fine Act amount of Rs. 500/- each appellants, in default of payment of fine amount addition S.I. for 5 days each appellants.

R.I. for 6 months each Under Section 506 of IPC

appellants.

Under Section 323/149 of IPC Fine amount of Rs. 500/-

each appellants, in default of payment of fine amount S.I.

for 5 days each appellant.

R.I. for 1 year and fine of Rs.

Under Section 325/149 of IPC 500/- in default of payment of fine amount S.I. for 5 days each appellants.

Fine amount has already been deposited.

All the sentences are directed to run concurrently.

Learned counsel for the appellants submits that there is no reliable evidence against the present appellants to involve them in this case, essential ingredient of the offence for convicting the appellants are missing, the appellants were on bail during trial and they did not misuse the liberty granted to them, fine amount has already been deposited them and disposal of this appeal is likely to take some time, therefore, the appellants be released on bail.

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

Learned State counsel further submits that victim is duly served with the notice but neither he is present in person nor is there any representation

on his behalf.

Considering the facts & circumstances of the case, the short sentence has been imposed upon the appellants, they were on bail during trial and they did not misuse the liberty granted to them, fine amount has already been deposited them, 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 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court. They shall appear before the Registry of this Court on 10.02.2022 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 them by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim