Rakesh Gupta vs State Of Chhattisgarh
2022 Latest Caselaw 3147 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                              CRA No. 697 of 2022

1. Rakesh Gupta S/o Rambadai Gupta Aged About 40 Years,

2. Smt. Reena W/o Rakesh Gupta Aged About 30 Years,

   Both are Resident of North Jhagrakhand, P.S. Jhagrakhand District Korea
   (C.G.).                                                 ---- Appellants

                                    Versus

 State of Chhattisgarh, Through Station House Officer, Police Station Aajak
   Baikunthpur, District Korea (C.G.).                            ---- Respondent

29.04.2022 Shri Manoj Kumar Jaiswal, counsel for the appellant.

Shri Raghvendra Verma, G.A. for the State/respondent. None for the victim though served.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 26.03.2022 passed in Special (Atrocities) Case No.30/2019 by the Special Judge (SC/ST Act), Baikunthpur, District- Koriya (C.G.) as under:-

                             Conviction                       Sentence
                   Under Section 3(1)(r) of SC        R.I. for 6 months with fine
                   ST Act (for appellant No.1         of Rs. 300/- and default
                   Rakesh Gupta)                      in   payment      of   fine
                                                      amount additional S.I. for
                                                      2 months.





               Section 3 (1)(s) of the SC/ST       R.I. for 6 months with fine
               Act.( for appellant No. 2 Smt.      of Rs. 300/- and default
               Reena Gupta)                        in   payment      of    fine
                                                   amount additional S.I. for
                                                   2 months.

Considering the facts & circumstances of the case, the short sentence i.e. 6 months has been imposed upon the appellants, they were on bail during trial and did not misuse the liberty granted to them, detention period of the appellants, who are 30 & 40 years old, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the 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.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court.

They shall appear before the Registry of this Court on 04.07.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to them by the said Court till disposal of this appeal.

List the case for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim