Chattisgarh High Court
Ramnarayan Jagat @ Gabda Mongare vs State Of Chhattisgarh on 10 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 903 of 2020
1. Ramnarayan Jagat @ Gabda Mongare, S/o Sukhlal Jagat, aged about 33 years
R/o Village Churki, Police Station Khallari, District : Mahasamund, Chhattisgarh
2. Ramkumar Sahu @ Ramku Sahu, S/o Mohanlal Sahu, aged about 36 years R/o
Village Churki, Police Station Khallari, District : Mahasamund, Chhattisgarh
---- Appellants
Versus
State of Chhattisgarh Through - The Station House Officer, Police Station Khallari,
Civil And Revenue District: Mahasamund Chhattisgarh.
---- Respondent
10.09.2021 Mr. Vivek Shrivastava, Counsel for the appellants.
Mr. Akash Pandey, P.L. for the State/Respondent.
Heard I.A. No.1/2020, an application for suspension of
sentence and grant of bail to the appellants.
By the impugned judgment date 23.10.2019 passed in
Sessions Trial No.H-05/2018 by the Special Judge, Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Mahasamund, District: Mahasamund, Chhattisgarh, the appellants
stands convicted as mentioned below:
Conviction Sentence In Default
For appellant no.1
U/s 363 of IPC RI for 7 years with a In default of payment
fine amount of of fine amount
Rs.500/- additional RI for 1
month.
U/s 366 of IPC RI for 7 years with a In default of payment
fine amount of of fine amount
Rs.500/- additional RI for 1
month.
U/s 376 (2) (n) of RI for 10 years with a In default of payment
IPC fine amount of of fine amount
Rs.5,000/- additional RI for 3
months.
For appellant no.2.
U/s 363/34 of IPC RI for 7 years with a In default of payment
read with Section 3 fine amount of of fine amount
(2) (va) of the SC & Rs.500/- additional RI for 1
ST Act, 1989 month.
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 submits that the appellant no.1 is in jail since 24.04.2018
and appellant no.2 is in jail since 03.05.2018 and appeal is likely to
take some more time to be finalized. Hence, it is prayed that his
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 perusal of the statement of prosecutrix (PW-03), I found
that main allegations are against appellant no.1., therefore, I am of
this opinion that it is not a fit case for grant of bail to appellant no.1.
Accordingly, I.A. no.1/2020 is dismissed with regard to
appellant no.1 namely Ramnarayan Jagat @ Gabda.
With regard to appellant no.2, it is discussed above that main
allegations are against appellant no.1 therefore, the instant bail
application is allowed with regard to appellant no.2 namely
Ramkumar Sahu @ Ramku Sahu.
Execution of substantive jail sentences imposed upon the
appellant no.2 shall remain suspended during the pendency of this
appeal and he shall be released on bail on executing a personal
bond for a sum of Rs.25,000/- with one solvent surety for the like
sum to the satisfaction of the Trial Court for his appearance before
the Registry of this Court on 10.12.2021. He 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 him by the said Court, till the disposal of this
appeal.
List this case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
