Ashik Khan vs State Of Chhattisgarh
2022 Latest Caselaw 7300 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                 CRA No. 1774 of 2022

   1.   Ashik Khan, S/o Gulam Rasul, Aged About 45 Years.
   2.   Raja @ Altaf Khan, S/o Ashik Khan, Aged About 22 Years.
   3.   Sagir Khan, S/o Ummat Rasul, Aged About 26 Years.
   4.   Aslam Khan, S/o Gulam Khan, Aged About 25 Years.
   5.   Jahir Khan, S/o Ummat Khan, Aged About 22 Years.
          All R/o Village Parshurampur, Police Station- Ramanujnagar, District- Surajpur
          (C.G.)
                                                                       ---- Appellants
                                       Versus
State of Chhattisgarh, Through Station House Officer, Police Station Ajak Surajpur,
District- Surajpur (C.G.)
                                                                       ---Respondent

05.12.2022 Mr. Anil Gulati, counsel for the appellants.

Mr. R.M. Solapurkar, Govt. Advocate for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 19.10.2022 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Surajpur, District- Surajpur (C.G.) in Special Case No. 18/2020, the appellants stand convicted, as under:-

                    Conviction                               Sentence
              U/s 147 of IPC            : R.I. for 6-6 months and fine of Rs. 200-200/-
                                          and in default of payment of fine further
                                          additional R.I. for 1-1 month.
              U/s 323/149 of IPC        : R.I. for 2-2 months and fine of Rs. 200-200/-
              (two times)                 and in default of payment of fine further


                              additional R.I. for 1-1 month.

U/s 3(1)(/k) of SC/ST : R.I. for 6-6 months and fine of Rs. 200-200/- Act read with Section and in default of payment of fine further 149 of IPC additional R.I. for 1-1 months.

(All sentences to run concurrently) (Fine amount has been deposited before the learned court below) Learned counsel for the appellants would submit that the appellants are on bail and did not misuse the liberty granted to them 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 appellants may be released on bail.

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

The victim is present before this Court through DLSA Surajpur and has raised objection in releasing the appellants on bail.

Considering the fact that the maximum jail sentence awarded to the appellants is R.I. for six months, the appellants are on bail and did not misuse the liberty granted to them 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 appellants and release them 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 appellants shall remain suspended and they shall be released on bail on their executing a personal bond in sum of Rs. 25,000/- each with one surety each in the like sum to the satisfaction of trial Court for their appearance before the Registry of this Court on 19th January, 2023. They 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 them by the said court till the disposal of this appeal.

It is made clear that if any allegation is made against the appellants for harassing the victim on account of atrocities, the concerned Superintendent of Police shall take personal interest.

List this appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge

Arun