Amrit Ram vs State Of Chhattisgarh
2022 Latest Caselaw 7531 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                            CRA No. 1959 of 2022
1. Amrit Ram S/o Govind Das, Aged About 50 Years, R/o Village Barkela,
   Ajgardand, Police Station Darima, District Surguja Chhattisgarh
1. Lakheshwar Singh @ Lakhe Ram S/o Tilsai Kanwar, Aged About 48 Years
   R/o Village Barkela, Police Station Darima, District Surguja Chhattisgarh
                                                                   ---- Appellants
                                    Versus
  State of Chhattisgarh Through The District Magistrate, Surguja Chhattisgarh
                                                                  ---- Respondent

13/12/2022 Mr. Jitendra Shrivastava, Advocate for the appellants.

Ms. Ishwari Ghritlahare, PL for the State.

Heard.

Admit.

Call for the record of the Court below.

Also heard on application (I.A. No. 01/2022) for suspension of

sentence and grant of bail to the appellants.

By the impugned Judgment dated 29.11.2022 passed by learned Special Judge (Atrocities), Surguja, Ambikapur District Ambikapur (CG) in Special Sessions (Atrocities) Case No. 18/2020, the appellants stand convicted and sentenced as under:

                       Conviction                            Sentence
              U/s. 354/34 IPC                RI for 1 year with fine of Rs. 500/- in

default of payment of fine additional RI for 1 month.

U/s.354 (A)(1)(i) IPC RI for 1 year with fine of Rs. 500/- in default of payment of fine additional RI for 1 month.

U/s. 354(A)(1)(iv) IPC RI for 1 year with fine of Rs. 500/- in default of payment of fine additional RI for 1 month.

Learned counsel for the appellants submit that the appellants were on bail during trial and after conviction, the appellants have been granted interim bail upto 29.12.2022 by the trial Court and they did not misuse the liberty granted to them, therefore, application filed under Section 389(2) for suspension of sentence and grant of bail may be considered.

On the other hand, learned State Counsel opposes application filed under Section 389(2) CrPC for suspension of sentence and grant of bail.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellants and fine amount has already been deposited by them and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed. It is directed that the substantive jail sentence imposed upon the appellants shall remain suspended during the pendency of this Appeal and they shall be released on bail on their furnishing 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 for their appearance before the Registry of this Court on 10.01.2023. They shall thereafter continue to appear before the Registry of this Court on all such subsequent dates are are given to them by the Registry of this Court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

santosh