Ramsingh @ Ramsai vs The State Of Chhattisgarh
2021 Latest Caselaw 3275 Chatt

                                                                              NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRA No. 1445 of 2021

 1. Ramsingh @ Ramsai, S/o Hanshlal, Aged About 32 Years,

 2. Bir Singh, S/o Hanslal, Aged About 40 Years,

 3. Sukal, S/o Gopal, Aged About 40 Years,

 4. Angad, S/o Manraj, Aged About 28 Years,

 5. Manraj, S/o Singhlal, Aged About 48 Years,

 6. Vijay Singh, S/o Manraj, Aged About 26 Years,

 7. Nandlal, S/o Chaita Singh, Aged About 47 Years,

 8. Hanslal, S/o Late Jagdev, Aged About 65 Years,

     All are R/o Village Khairbana, Thana Manendragarh, Distict Koriya Chhattisgarh.
                                                                      ---- appellants

                                       Versus

   The State of Chhattisgarh, Through- Police Station Manendragarh, Distict- Koriya,
    Chhattisgarh.

                                                                     ---- Respondent

23/11/2021 Shri Parag Kotecha, 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 27.10.2021 passed in Session Case No. 97/2017 by the First Additional Sessions Judge, Manendragarh, District- Koriya (C.G.) as under:-

Conviction                          Sentences

Under Section 148 of IPC            R.I. for 1 year with fine of Rs.
                                    200/- in default of payment of fine
                                    amount    additional   R.I.   for   1
                                    month.

Under Section 323/149 of IPC        R.I. for 6 months with fine of Rs.
                                    200/- in default of payment of fine
                                    amount    additional   R.I.   for   1
                                    month.
Under Section 325/149 of IPC        R.I. for 3 years with fine amount of
                                    Rs. 500/- in default of payment of
                                    fine amount additional R.I. for 1
                                    month.

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 is missing, the appellants were on bail during trial and they did not misuse the liberty granted to 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.

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, 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 28.02.2022 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