Sharad Kumar vs State Of Chhattisgarh
2021 Latest Caselaw 2103 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 921 of 2021

1. Sharad Kumar, S/o Jeet Ram Chandra, Aged about 30 years,

2. Yogendra Kumar, S/o Santosh Chandra, Aged about 26 years,

3. Liladhar, S/o Jeetram Chandra, Aged about 37 years,

4. Tuleshwar, S/o Kawal Das Chandra, Aged about 44 years,

5. Chhotelal, S/o Bhurawaram, Aged about 45 years,

6. Budheshwar Chandra, S/o Karan Singh, Aged about 38 Years,

7. Ajambar Prasad, S/o Santosh Chandra, Aged about 31 years,

8. Baliram, S/o Shardaram, Aged about 31 years,

9. Tejlal, S/o Karan Singh, Aged about 29 years,

10. Santosh Chandra, S/o Pritam Chandra, Aged about 60 years,

11. Shiv Prasad @ Bitki, S/o Dwarika Chandra, Aged about 30 years,

12. Mithlesh, S/o Sukhilal Chandra, Aged about 39 years,

13. Tarachand, S/o Sukhdev Chandra, Aged about 30 years,

14. Yaadram, S/o Santosh Kumar, Aged about 24 years,

   All appellants are R/o- Village Dhobnipali, P.S. Dabhra, Civil & Revenue District-
   Janjgir-Champa (C.G.).

                                                                      ---- Appellants

                                     Versus

 • State of Chhattisgarh, Through- Station House Officer, P.S.- Dabhra, Distrct
   Janjgir-Champa (C.G.).

                                                                     ---- Respondent

02/09/2021 Mr. Ishwar Jaiswal, counsel for the Appellants.

Mr. Ghanshyam Patel, G.A. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2021, application for suspension of

sentence and grant of bail to the appellants.

By the impugned judgment dated 17.08.2021 passed in

Sessions Trial No. 41/2015 by the learned First Additional Sessions

Judge, Sakti, District- Janjgir-Champa (C.G.) the appellants stands

convicted as mentioned below:

                  Conviction               Sentence                  In Default

             U/s 186 of IPC          RI for 03 months with In default of payment
                                     a fine amount of of          fine    amount
                                     Rs.500/-              additional RI for 01
                                                           month.

             U/s 147/149 of IPC      RI for 02 years with a In default of payment
                                     fine    amount      of of     fine    amount
                                     Rs.2,000/-             additional RI for 03
                                                            months.

             U/s 148/149 of IPC      RI for 03 years with a In default of payment
                                     fine amount of Rs. of         fine    amount
                                     3,000/-                additional RI for 06
                                                            months.

Learned counsel for the appellants submits that the appellants

have been wrongly convicted by the trial Court in the judgment

without there being any sufficient evidence available on record. He

further submits that the appellants were on bail during trial and after

the judgment of the trial Court they were granted temporary bail. Hence, it is prayed that their application be allowed.

On the other hand, learned counsel for the State has opposed

the bail application and submissions made in this respect.

Heard both the parties and perused the record of the trial

Court.

After perusing the impugned judgment and considering this

fact that the appellants were on bail during the pendency of trial and

have not misused the liberty, for these reasons, I am of this opinion

that it will be proper to release the appellants on bail during the

pendency of this appeal.

Execution of substantive jail sentences imposed upon the

appellants shall remain suspended during the pendency of this

appeal and they shall be released on bail on executing a personal

bond for a sum of Rs. 25,000/- each with one solvent surety for the

like sum to the satisfaction of the trial Court for their appearance

before the Registry of this Court on 20.12.2021. They shall thereafter

appear before the 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.

List this case for final hearing in its due course.

Sd/-

(Arvind Singh Chandel) Judge

Vasant