Premshankar vs State Of Chhattisgarh
2022 Latest Caselaw 2464 Chatt

                               HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                           Criminal Appeal No. 638/2022

             Premshankar, S/o. Late Shri Rambriksha Singh aged about 64 years,
             R/o. Village Mainpur, PS Aranda (UP),
             Present R/o. B Type, Quarter No. 140, PS Charcha, Distt. Koriya (CG).
                                                                  ---- Appellant
                                          Versus
             State Of Chhattisgarh, through Police Station Charcha, Distt. Koriya
             (CG)
                                                                      ---- Respondent

13-4-2022 Shri Anuroop Panda, counsel for the appellant.

Shri Adil Minhaj, Govt. Adv. for the State/respondent. Heard.

Admit.

Call for the record of the trial Court.

Heard on I.A. No. 1/2022 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 22-3-2022 passed by the Special Judge, [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act)], Baikunthpur, Distt. Koriya (CG) in Special (Atrocities) Case No. 55/2017, whereby he has been convicted and sentenced as under :-

Sr. No. Section Act Jail sentence Fine sentence Default stipulation

1. 304-II IPC 3 years RI Rs. 5,000/- Addl. 2 months RI

Learned counsel for the appellant submits that appellant has been convicted without any concrete evidence for the alleged offence. He was on bail during trial, and after conviction also, bail has been granted to him till 24-4-2022. He has a good arguable case on merit. Hence, he prays that the substantive jail sentence imposed on the appellant be suspended and he be released on bail.

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.

After perusing the impugned judgment and considering the facts and circumstances of the case, this Court is of the opinion that it is a fit case to suspend the sentence and release the appellant on bail.

Accordingly, IA No.01/2022 is allowed. It is directed that execution of substantive jail sentence 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.20,000/- 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 13-7-2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry in 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

Pathak