Anupal Rajwade vs State Of Chhattisgarh
2022 Latest Caselaw 110 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRA No. 189 of 2021
1. Anupal Rajwade, son of Shyamlal Rajwade, Aged About 25 Years, Resident of
   Karhiyakhad, Police Station Patna, District Korea, Chhattisgarh, District : Koriya
   (Baikunthpur), Chhattisgarh
2. Gourelal Singh, son of Ramlakhan Singh, Aged About 44 Years, Caste Gond, Resident
   of Bardiya Gobripara, Police Station Patna, District Korea, Chhattisgarh, District :
   Koriya (Baikunthpur), Chhattisgarh
3. Shanti Rajwade, wife of Anupal Rajwade, Aged About 31 Years, Resident of
   Karhiyakhad, Police Station Patna, District Korea, Chhattisgarh, District : Koriya
   (Baikunthpur), Chhattisgarh
                                                                               ---- Appellants
                                          Versus
 State Of Chhattisgarh, Through Station House Officer, Police Station Ajak Baikunthpur,
  District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
                                                                             ---- Respondent

07/01/2022 Shri Vijay Kumar Sahu, Advocate for the appellants.

Shri Sudeep Verma, Deputy Govt. Advocate for the State/respondent. Heard on I.A.No.1/2021, application for suspension of sentence and grant of bail to appellant No.3 Shanti Rajwade.

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 21-12-2020 passed in Special (Atrocities) Case No.59/2018 by the Special Judge, SC/ST (Prevention of Atrocities) Act, Baikunthpur, District Korea (Chhattisgarh), in the following manner with direction to run all the jail sentences concurrently :-

Sl. No. Conviction Sentence

1. U/s 109, 376 (?k) of R.I. for 20 years and fine of Rs.50,000/-

the IPC each, in default of payment of fine additional S.I. for two years to each appellants,

2. U/s 342 of the IPC R.I. for one year to appellants No.1 and 2

3. U/s 328 of the IPC R.I. for 10 years and fine of Rs.5,000/-, in default of payment of fine additional S.I. for three months to appellant No.3 Shanti Rajwade.

It is submitted by learned counsel for the appellants that appellant No.3 Shanti Rajwade has not played any role in commission of offence and also there is no direct allegations made against her by the victim of the case, PW-1, therefore, she has a good case to argue in this appeal. Hence, it is prayed that she may be enlarged on bail during pendency of this appeal.

Learned State counsel opposes the application.

Considered on the submissions. After perusal of the evidence present in the record of the trial Court. We are of the considered view that appellant No.3 is entitled for suspension of sentence against her and grant of bail.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail is allowed.

It is directed that the jail sentence imposed upon appellant No.3 Shanti Rajwade shall remain suspended during the pendency of this appeal and she shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the trial Court for her appearance before the Registry of this Court on 25th of March, 2022. She 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 her by the said Court, till disposal of this appeal.

                      Sd/-                                          Sd/-
               (R.C.S. Samant)                          (Arvind Singh Chandel)
                  Judge                                          Judge




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