Shani Ram Dheewar vs State Of Chhattisgarh
2022 Latest Caselaw 7365 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              CRA No. 1570 of 2022

 Shani Ram Dheewar S/o Shri Resham Lal Aged About 52 Years R/o Village Sivani,
  Amahapara, Police Station- Janjgir, Civil And Revenue, District : Janjgir-Champa,
  Chhattisgarh
                                                                          ---- Appellant
                                      Versus
 State Of Chhattisgarh Through The Station House Officer,police Station- Janjgir, Civil
  And Revenue, District : Janjgir-Champa, Chhattisgarh
                                                                       ---Respondent

07.12.2022 Mr. Paras Mani Shriwas, counsel for the appellant.

Ms. Ishwari Gritlahre, Panel Lawyer for the State. Heard on application for suspension of sentence. By the impugned judgment dated 20.09.2022 passed by the learned Special Judge (Atrocities Act) Janjgir,, District- Janjgir- Champa (C.G.) in Special Session Case No. 58/2021, the appellant stands convicted, as under:-

                        Conviction                            Sentence
                 U/s 457 of IPC             : R.I. for 1 year and fine of Rs.500/-, in
                                               default of payment of fine, 10 days S.I.


                 U/s 435 of IPC             : Nil

U/s 3(2)(iii) of SCST : R.I. for 1 year and fine of Rs.500/-, in Act default of payment of fine, 10 days S.I.

Learned counsel for the appellant would submit that the fine

amount has been deposited, the appellant has been awarded short sentence of one year and further the appeal being of the year 2022, final hearing of the same will likely to take time, the sentence awarded by the learned trial Court may kindly be suspended. .

On the other hand, learned State counsel would submit that the appellant has rightly been convicted after appreciating the facts and materials available on record, hence, the application for suspension of sentence be kindly rejected.

Pursuant to the notice issued to the victim appeared before this Court and raised objection for suspension of sentence.

Considering the fact that the maximum jail sentence awarded to the appellant is RI for one year and further considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined suspend the sentence of appeal 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 12 th 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.

It is directed that if any such allegation is again made by the complainant against the appellant, the concerned Superintendent of Police and the Thana In-charge shall take personal interest and

investigate the matter.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

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