Anil Behra vs State Of Chhattisgarh
2022 Latest Caselaw 5488 Chatt

                                                                                     NAFR

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRA No. 1268 of 2022

 1. Anil Behra S/o Premsagar Behra Aged About 33 Years R/o Village Libra, Khirmuda
    Para, Police Station Tamnar, District Raigarh Chhattisgarh.

 2. Jaiprakash Gadatiya S/o Motilal Gadatiya Aged About 33 Years R/o Village Jharna,
    Police Station Tamnar, District Raigarh Chhattisgarh.

                                                                              ---- Appellant

                                                                                    On Bail

                                           Versus

   State Of Chhattisgarh Through Thana In Charge Tamnar, District Raigarh
    Chhattisgarh.

                                                                            ---- Respondent

29/08/2022 Mr. Rajendra Tripathi, counsel for the appellants.

Mr. BP Banjare, Dy. GA for the State.

Mr. Ankur Shrivas, counsel for the objector.

Heard on IA No.01, application for suspension of sentence and grant of bail.

By the impugned judgment dated 30.7.2022 passed by Special Judge {Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act}, Raigarh in Special Criminal Case under the Atrocities Act No.42/2021, the appellants have been convicted and sentenced as under:

Conviction Sentence

Under Section 325/34 of IPC RI for four months, fine of Rs.1000/-, in default to undergo RI for ten days.

Under Section 3(2)(va) of RI for four months, fine of SC/ST (Prevention of Rs.1000/-, in default to Atrocities) Act. undergo RI for ten days.

(only appellant No.1)

Both the sentences to run concurrently.

Learned counsel for the appellants submits that the trial Court has convicted the appellants without there being any legally admissible evidence against them. Medical evidence also does not support the prosecution case. The appellants have no criminal background; the maximum sentence awarded to them is only four months; they have deposited the entire fine amount; during trial they were on bail and even after pronouncement of the impugned judgment, they have been granted bail for a limited period and that disposal of the appeal is likely to take some time. Therefore, the appellants may be released on bail during pendency of this appeal.

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

Complainant Uddhav Prasad Chouhan is present in person and raised objection to release of the appellants on bail. His presence is taken on record.

Considering the facts and circumstances of the case, the short sentence awarded to the appellants; they were on bail during trial and even after passing of the impugned judgment they have been granted bail for a limited period, they did not misuse the liberty so granted and that disposal of this appeal is likely to take some time, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the appellants on bail. Accordingly, the application is allowed.

It is directed that execution of the substantive jail sentence imposed upon the appellants shall remain suspended during pendency of this appeal and they shall be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with one surety of the like sum to the satisfaction of the trial Court, for their appearance before the Registry of this Court on 10th October, 2022. They shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to them by the said Court till disposal of this appeal.

Sd/

(Rajani Dubey) Judge

Khan