Yashwant Dewangan vs State Of Chhattisgarh
2022 Latest Caselaw 246 Chatt

                                                                                        NAFR

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                      Proceedings Through Video Conferencing
                                      CRA No. 62 of 2022
    Yashwant Dewangan, S/o Manthir Dewangan, aged about 38 Years, R/o Atal
     Awaas, Quarter No. 191 Pendri, P.S. Lalbagh, District- Rajnandgaon (C.G.)

                                                                                ---- Appellant

                                             Versus

    State of Chhattisgarh, Through- P.S. Lalbagh, District- Rajnandgaon (C.G.).

                                                                             ---- Respondent

13/01/2022 Mr. Devershi Thakur, counsel for the appellant.

Mr. Kashif Shakeel, Deputy A.G. for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No.01 of 2022, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 24.12.2021 passed by the Special

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

Act, Rajnandgaon, District Rajnandgaon, C.G., in Special Case

No.36/2020, the appellant stands convicted and sentenced as under:

                             Conviction                           Sentence


               Under Section 323 of Indian Penal Rigorous        Imprisonment     for   six
               Code                              months

Under Section 354 of Indian Penal Rigorous Imprisonment for one year Code and fine of Rs.500/-, in default of payment of fine amount to undergo further additional simple imprisonment for five days

(Both sentences were directed to run concurrently)

Considering the facts and circumstances of the case, in particular the

fact that the maximum sentence awarded to the appellant is of one year,

the appellant has already deposited the entire fine amount with the

concerned trial Court and that due to COVID-19 pandemic, disposal of the

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 2022) 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 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 09.05.2022 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 the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge Akhilesh