Bhikham Patle vs State Of Chhattisgarh
2022 Latest Caselaw 1036 Chatt

                                                                                    NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 1475 of 2021

  • Shankar Sarthi, S/o Shri Sahdev Sarthi, aged about 36 Years, R/o Village
    Nawapara, Police Station Kartala, District - Korba Chhattisgarh.

                                                                              ----Appellant

                                         Versus

  • State of Chhattisgarh, Through - Station House Officer, Police Station Kartala,
    District - Korba, Chhattisgarh.

                                                                           ---- Respondent

&

CRA No.1323 of 2017

Bhikham Patle vs State of Chhattisgarh

24/02/2022 Shri Anil Gulati, counsel for the appellant in CRA No.1475 of 2021.

Shri Ajay Mishra, counsel for the appellant in CRA No.1323 of 2017.

Shri Amit Kumar Verma, P.L. for the State.

CRA No.1475 of 2021

Heard on I.A. No.01 of 2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 14.09.2021 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989, Korba, District Korba, C.G. in Sessions Trial No.02/2016, the

appellant stands convicted and sentenced as under:-

Conviction Sentence

Under Section 341 read with 34 Simple Imprisonment for ten days of Indian Penal Code Under Section 323 read with 34 Simple Imprisonment for thee of Indian Penal Code months

Under Section 394-397 of Rigorous Imprisonment for five Indian Penal Code years and fine of Rs.1,000/-, in default of payment of fine amount to undergo further additional simple imprisonment for six months

(All sentences were directed to run concurrently)

Considering the facts and circumstances of the case, the detention

period of the appellant, the fact that the co-accused person in this case

namely Bhikham Patle has already been released on bail by the

Co-ordinate Bench of this Court in CRA No.1323 of 2017 vide order dated

27.11.2017, the appellant was on bail during trial and did not misuse the

liberty granted to him and that disposal of this appeal is likely to take some

time, without expressing any opinion on the merits of the case, I am of the

opinion that present is a fit case to suspend the jail sentence imposed

upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.01 of 2021) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon the appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on his furnishing a personal bond

for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction

of the trial Court. He shall appear before the Registry of this Court on

20.06.2022 and thereafter appear before the trial Court on a date to be

given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of

this appeal.

List these cases for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh