Chattisgarh High Court
Hari Krishna Das vs State Of Chhattisgarh on 16 November, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 55 of 2020
1. Hari Krishna Das S/o Shri Devendra Das, Aged About 48 Years, R/o Mana
Camp Colony, Police Station Mana, Raipur, District Raipur (C.G.).
----Appellant
(On Bail)
Versus
2. State Of Chhattisgarh, Through The District Magistrate, District Raipur
(C.G.).
---- Respondent
16/11/2021 Ms. Prakritee Jain, Counsel for the appellant.
Mr. Jitendra Shukla, P.L. for the State/respondent.
Heard on I.A. No. 01/2020, application for suspension of sentence
and grant of bail to the appellant.
By the impugned judgment dated 23/11/2019 passed by Special
Judge (Atorcities) Raipur, District Raipur (CG.) in Special Criminal Case
No. 01/2018, the appellant stands convicted and sentenced as under:-
Conviction Sentence
Under Section 354 of Indian R.I. for 2 year and fine of Rs. 500/-, in
Penal Code (in short "IPC"). default of payment of fine additional
R.I. for 1 month.
Under Section 323 of IPC R.I. for 4 months and fine of Rs. 500/-,
in default of payment of fine additional
R.I. for 1 month.
Under Section 394 of IPC R.I. for 1 month.
Under Section 3(2)(va) of the R.I. for 6 months and fine of Rs. 500/-,
Scheduled Castes and in default of payment of fine additional
Scheduled Tribes R.I. for 1 month.
(Prevention of Atrocities) Act,
(All the sentences is directed to run concurrently)
Counsel for the appellant submits that the impugned judgment is
per se illegal and bad in law. There are major contradictions and
omissions in the statements of the prosecutrix and other witnesses. The
appellant was on bail during trial and did not misuse the liberty so granted.
He has already deposited entire fine amount. Even after pronouncement
of the impugned judgment he has been granted bail for a limited period.
The disposal of the appeal is likely to take some time, therefore, the
appellant be released on bail.
On the other hand, State counsel opposes the bail application.
As per service report dated 30/10/2021 of the Station House Officer
Police Station Abhanpur, District Raipur (CG.) submitted by the State
Government, the prosecutrix has duly served with the notice. However,
neither she is present in person nor is there any representation on her
behalf.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case, the fact that
maximum jail sentence awarded to the appellant is 2 years, he was on
bail during trial and did not misuse the liberty granted to him, the disposal
of the appeal is likely to take some time, without expressing anything on
merits of the case, I am of the opinion that present is a fit case to suspend
the jail sentence imposed upon the appellant and to release him on bail.
Accordingly, the application (I.A. No. 01/2020) 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 for his appearance before the Registry of this
Court 16th February, 2022. He shall thereafter appear before the Trial
Court on a date to be given by the Registry of this Court and then continue
to appear there on all such subsequent dates as are given to him by the
said Court, till disposal of this appeal.
List this case for final hearing in its due course.
-Sd/-
(Gautam Chourdiya)
Judge
Chandrakant
