Chattisgarh High Court
Ashok Kumar vs State Of Chhattisgarh on 22 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1147 of 2019
Ashok Kumar S/o Late Babulal Tandan, aged about 40 years, R/o Motipur, Thana -
Dongargarh, District : Rajnandgaon, Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh through Thana: Dongargaon, District : Rajnandgaon, Chhattisgarh
---- Respondent
WITH
CRA No. 211 of 2020
Smt. Aasha Bai W/o Ramesh Kumar Jat, aged about 30 years, R/o Village Kishorepura,
Police Station Chidawa, District : Jhunjhunun, Rajasthan
---- Appellant
Versus
State of Chhattisgarh through Police Station: Dongargaon, District : Rajnandgaon,
Chhattisgarh
---- Respondent
WITH
CRA No. 1915 of 2019
Dhanesh Baghel S/o Chandrabhan Baghel, aged about 34 years, R/o Nagarkohra, Police
Chowki Chichola, Police Station: Chhuriya, District : Rajnandgaon, Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh through Police Station Dongergaon, District : Rajnandgaon,
Chhattisgarh
---- Respondent
22.09.2021 Mr. Samir Singh, Mr. Rakesh Thakur, Mr. Rajeev Kumar
Dubey, Counsel for the respective appellants.
Mr. Amit Singh, P.L. for the State/Respondent.
Heard on admission.
Admit.
Also heard I.A. No.1/2019, I.A. No.2/2019 & I.A. No.2/2020,
applications for suspension of sentence and grant of bail to the
appellants in respective cases.
By the impugned judgment date 20.06.2019 passed in
Special Case (SC & ST Act) No.21/2017 passed by the learned
Additional Session Judge (FTC) Rajnandgaon and Additional
Charge, Special Judge (SC & ST Act) Rajnandgaon (C.G.), the
appellant in CRA No.1147/2019 stands convicted as mentioned
below:
Conviction Sentence In Default
U/s 365/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 366/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 368/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 370/34 of IPC RI for 7 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 376 (D) of IPC RI for 10 years with a In default of payment
fine amount of of fine amount
Rs.5,000/- additional SI for 1
year.
For Appellant in CRA No.211/2020
Conviction Sentence In Default
U/s 368/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 370/34 of IPC RI for 7 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 376 (D) of IPC RI for 10 years with a In default of payment
fine amount of of fine amount
Rs.5,000/- additional SI for 1
year.
For Appellant in CRA No.1915/2019
Conviction Sentence In Default
U/s 365/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 366/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 368/34 of IPC RI for 5 years with a In default of payment
fine amount of of fine amount
Rs.2,000/- additional SI for 6
months.
U/s 376 (2) (ढ)of IPC RI for 10 years with a In default of payment
fine amount of of fine amount
Rs.5,000/- additional SI for 1
year.
Learned counsel for the appellants submits that the
appellants have been wrongly convicted by the Trial Court in the
judgment without there being any clinching evidence available on
record. They jointly submitted that the entire story narrated by the
prosecutrix is suspicious. They further submitted that appellant
namely Ashok Kumar and Dhanesh Baghel are in jail since
20.04.2017 and appellant namely Asha Bai is in jail since
20.06.2019, and appeal is likely to take some more time to be
finalized. 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.
I have perused the impugned judgment and statement of the
witnesses. After perusal of the statement of the prosecutrix (PW-1).
Without further commenting on other merits of the case, 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 each of them
executing a personal bond for a sum of Rs.25,000/- with one local
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 these case for final hearing in due course.
Sd/-
(Arvind Singh Chandel)
Judge
Saurabh
