Gita Rajwade vs State Of Chhattisgarh
2022 Latest Caselaw 5217 Chatt

                                                                                  NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRA No. 1273 of 2022

 1. Gita Rajwade S/o Jageshwar Rajwade Aged About 25 Years R/o Village
    Bandrika Ashram, Police Station Ramanujnagar, District - Surajpur,
    Chhattisgarh.

 2. Smt. Mangli Bai W/o Shankar Ram Rajwade Aged About 60 Years R/o Village
    Bandrika Ashram, Police Station Ramanujnagar, District - Surajpur,
    Chhattisgarh.

 3. Smt. Nandkeshwari W/o Gita Rajwade Aged About 27 Years R/o Village
    Bandrika Ashram, Police Station Ramanujnagar, District - Surajpur,
    Chhattisgarh.

 4. Bindi @ Bindiya Rajwade D/o Shankar Ram Rajwade Aged About 18 Years R/o
    Village Bandrika Ashram, Police Station Ramanujnagar, District - Surajpur,
    Chhattisgarh.

                                                                       ---- Appellants

                                    Versus

 • State of Chhattisgarh Through Station House Officer, Police of Police Station -
   Ajak Surajpur, District - Surajpur, Chhattisgarh.

                                                                      ---- Respondent

17/08/2022 Mr. Anil Gulati, counsel for the appellants.

Mr. Vimlesh Bajpai, G.A. for the State.

Heard on admission.

Admit.

Also heard on I. A. No.1/2022, which is an application for suspension of sentence and grant of bail.

By the impugned judgment dated 25.07.2022 passed by learned Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, Surajpur, District - Surajpur (C.G.) in Special Case No. 31/2020, appellants have been convicted for the offence punishable under Section 325 of the IPC and sentenced them to undergo R.I. for 6 months and fine of Rs. 500/- with default stipulation.

Learned counsel for the appellants submits that the appellants were on bail during the trial and until the day of judgment and after the conviction on the prayer of the appellants, the learned trial Court suspended the sentence and ordered the appellants to be released on bail and directed them to get the order from the appellate court as per Section 389(3) of Cr.P.C. and the appellants granted bail till the date of 23.08.2022. He also submits that disposal of this appeal will take sufficient time, therefore, they may be enlarged on bail.

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

Considering the facts and circumstances of the case, the application is allowed and it is directed that the jail sentence awarded to the appellants shall remain suspended and they be released on bail on their executing a personal bond for a sum of Rs. 25,000/- each, with one surety for the like sum to the satisfaction of the trial Court. They need not to give their appearance before any Court unless and until directed by the said Court till disposal of the appeal.

List this case for final hearing in its due course.

Meanwhile, call for the record.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge H.L. Sahu