Phalgo Nirmalkar vs State Of Chhattisgarh
2022 Latest Caselaw 191 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                            Order Sheet
                          Criminal Appeal No. 969 of 2021

    Phalgo Nirmalkar S/o Jalam Singh Nirmalkar, Aged About 54 years, Resident of
     behind Chicha Shitala Mandir, Police Station - Patan, District - Durg, C.G. presently
     resident of Akash Nagar, Behind RTO Office, Police Station - Khamtarai, Raipur
     Chhattisgarh

                                                                               ----- Appellant   s




                                        versus
    State of Chhattisgarh through District Magistrate Raipur Chhattisgarh, P.S. Dharsiva,
     Raipur
                                                                            ----- Respondent

11/01/2022 Shri Sushil Dubey, Advocate for the appellant.

Shri Rahim Ubwani, Panel Lawyer for the State.

Heard on I.A. No. 01 of 2021, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 04.08.2021 passed by the Special Judge (Atrocities), Raipur, District Raipur (C.G.) in Special Criminal Case No. 07/2018, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                  Under Section 450 of IPC               R.I. for five years and fine of
                                                         Rs.1,000/-,    in    default of
                                                         payment of fine to further
                                                         undergo R.I. for two months
                  Under Section 376 of IPC               R.I. for seven years and fine of
                                                         Rs.2,000/-,    in    default  of
                                                         payment of fine to further
                                                         undergo R.I. for four months
                  Under Section 506 Part-II of IPC       R.I. for six months
                                    All the sentences to run concurrently

Considering the material available on record, particularly considering the

statements of the prosecutrix (PW-2) and her husband (PW-3), the appellant

was on bail during trial, he did not misuse the liberty so granted, the incident

happened on 12.12.2017 and the F.I.R. was lodged 21.12.2017, there is delay of

about 09 days in lodging the F.I.R. and disposal of this appeal is likely to take

some time, without further commenting on merit, 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

appellant shall remain suspended during the pendency of this appeal and he

shall be released on bail on his furnishing a personal bond in the sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial

Court. He shall appear before the Registry of this Court on 07th March, 2022 and

thereafter shall appear before the trial Court on a date to be given by the

Registry and shall continue to appear there on all such dates as are given to him

by the said Court till disposal of this appeal.

Certified copy as per rules.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti