Shailendra Kumar @ Naan vs State Of Chhattisgarh
2022 Latest Caselaw 2543 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet
                        Criminal Appeal No. 1147 of 2021

1. Shailendra Kumar @ Naan S/o Late Rambadan Uraon, aged about 26 years, R/o
   Morga, PS- Shrinagar, District Surajpur, presently residence at Charcha Bandhpara,
   PS- Charcha, District Koriya (C.G.)

2. Bhushan Singh @ Ravi Singh S/o Indrapal Singh Kori, aged about 25 years, R/o Son
   Purwa, PS- Son Purwa, Palamu (Jharkhand) Presently residence Charcha
   Vivekanand, PS- Charcha, District - Koriya (C.G.)
                                                                      ----- Appellants    s




                                      versus
 State of Chhattisgarh Through : PS- Charcha, District Koriya (C.G.)
                                                                  ----- State/Respondent

20/04/2022 Shri Kishore Bhaduri, Senior Advocate with Shri Syed Majid Ali, Advocate for the appellants.

Ms. Binu Sharma, Panel Lawyer for the State. Heard on I.A. No. 1 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellants.

By the impugned judgment dated 30.09.2021 passed by the Sessions Judge, Baikunthpur, District Koriya (C.G.) in Sessions Trial No. 49/2018, each of the appellants stands convicted and sentenced as under:

                            Conviction                           Sentences
                   Under Section 364/34 of the       R.I. for ten years and fine of
                   Indian       Penal        Code    Rs.500/-, in default of payment of

(hereinafter referred to as the fine to further undergo additional 'IPC') R.I. for one month Under Section 342/34 of IPC R.I. for one year and fine of Rs.500/-, in default of payment of fine to further undergo additional R.I. for one month Under Section 323/34 of IPC R.I. for one year and fine of Rs.500/-, in default of payment of fine to further undergo additional R.I. for one month All the sentences to run concurrently

Considering the material available on record, in particular the seizure memo Ex.-P/5 one Samsung mobile was seized from the place of occurrence, not from the possession of accused/appellants, nor any

currency note was seized from them, loot of Rs.30,000/- was not mentioned in the FIR lodged on 10.04.2018 by father of injured Ashok Kumar and thereafter on 25.04.2018 164 Cr.P.C. statement of Ashok Kumar was recorded in which loot of the mobile and cash is disclosed by injured Ashok Kumar; no mobile and cash were seized from the appellants; as per memorandum statement (Ex.-P/3) of appellant Shailendra Kumar, Ashok Kumar used to talk with the sister of Shailendra Kumar, due to this reason the appellants assaulted upon Ashok Kumar; without commenting anything on merit, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon appellants and to release them on bail.

Accordingly, the application (I.A. No. 1 of 2021) is allowed. It is directed that the execution of substantive jail sentence imposed upon appellants shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the trial Court. They shall appear before the Registry of this Court on 20th June, 2022 and thereafter shall appear before the trial Court on a date to be given by the Registry and shall continue to appear there on all such dates as are given to them by the said Court till disposal of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

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