Maheshwar Das Mahant vs State Of Chhattisgarh
2022 Latest Caselaw 2408 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet

                              CRA No. 507 of 2022

• Maheshwar Das Mahant S/o Ramchandra Mahant, Aged About 26 Years R/o
  Ramnagar, Shyahimudi, P.S.- Darri, District- Korba (C.G.)

                                                                         ---- Appellant

                                       Versus

• State Of Chhattisgarh Through Police Station- AJAK, Korba District- Korba (C.G.)

                                                                       ---- Respondent

11.4.2022 Shri Pushkar Sinha, counsel for the appellant.

Shri Neeraj Pradhan, Panel Lawyer for the State/ respondent.

Shri Vikas Pandey, counsel for the objector/complainant.

Heard on IA No.01/2022 for suspension of sentence and grant of bail to the appellant.

By this criminal appeal, the appellant has challenged the impugned judgment of conviction and order of sentence dated 08.3.2022 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989, Distt. Korba Distt. Korba (CG) in Special Criminal Case No.46/2018, whereby he has been convicted and sentenced as under :-

                Sl.   Conviction under Section Jail     Fine     Default
                No.                            Sentence Sentence stipulation

                01.   354A(1)(i) IPC            RI for 01 Rs. 500/-      RI for    01
                                                yer                      month

                02.   3(1)(b) of the SC/ST RI for 01 Rs.500/-            RI for    01
                      (Prevention of Atrocities year                     months
                      Act)

Learned counsel for the appellant submits that the maximum jail sentence awarded to the appellant is only one year and he was on bail during trial and after conviction also he was on bail. Hence, it is prayed that his jail sentences may be suspended during the pendency of this appeal.

On the other hand, learned counsel for the State opposes the bail application.

I have heard learned counsel for the parties and perused the impugned judgment.

Taking into consideration the facts and circumstances of the case and also considering the detention period of the appellant, without further commenting on the merits of the case, I feel inclined to suspend the sentences and release the appellant on bail.

Accordingly, IA No.01/22 is allowed.

It is directed that execution of substantive jail sentences imposed on 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 a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The appellant shall appear before the Registry of this Court on 12.7.2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the appeal.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Bini