Mithlesh Kumar Dubey vs State Of Chhattisgarh
2022 Latest Caselaw 7299 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                CRA No. 1788 of 2022
 Mithlesh Kumar Dubey, S/o Angad Prasad Dubey, Aged About 30 Years, R/o
 Bharatpur, Police Station- Janakpur, District- Koriya (C.G.)
                                                                        ---- Appellant
                                       Versus
 State of Chhattisgarh, Through Station House Officer, Police of Police Station- Ajak
 Baikunthpur, District - Koriya (C.G.)
                                                                      ---Respondent

05.12.2022 Mr. Anil Gulati, counsel for the appellant.

Mr. Praveen Shrivastava, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 12.10.2022 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Baikunthpur, District- Koriya (C.G.) in Special Criminal Case No. 31/2020, the appellant stands convicted, as under:-

Conviction Sentence U/s 3(1)(S) of SC & ST : R.I. for 6 months and fine of Rs. 200/- in default of payment of fine additional S.I. for 10 days. Act U/s 323 of IPC : R.I. for 1 month and fine of Rs. 1000/- in default of payment of fine additional S.I. for 1 month.

(Fine amount has already been deposited) (Both sentences are directed to run concurrently) Learned counsel for the appellant would submit that the appellant was on bail during trial and did not misuse the liberty granted to him and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released

on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence, therefore, the appellant is not entitled for grant of bail.

The victim is present before this Court through DLSA, Koriya and has made statement that he has objection in releasing the appellant on bail.

Considering the fact that the maximum jail sentence awarded to the appellant is R.I. for six months, the appellant was on bail during trial and did not misuse the liberty granted to him and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 20th January, 2023. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said court till the disposal of this appeal.

List this appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge Arun