Satish Pandey vs State Of Chhattisgarh
2022 Latest Caselaw 262 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                  Proceeding through Video Conferencing
                               Order Sheet
                             Criminal Appeal No. 12 of 2022

     Satish Pandey S/o Ramanuj Pandey, aged about 24 years, R/o Ward No. 9, Laderi,
      Police Station Jhagrakhand, District Koriya, C.G.

                                                                                ----- Appellant   s




                                        versus
     State of Chhattisgarh, Through : Station House Officer, Police Station Jhagrakhand,
      District Koriya, C.G.
                                                                             ----- Respondent

14/01/2022 Shri Shakti Raj Sinha, Advocate for the appellant.

Shri Shrestha Gupta, Panel Lawyer for the State. Heard on I.A. No. 01 of 2022, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 08.12.2021 passed by the Special Judge, SC/ST(Prevention of Atrocities), Act, Baikunthpur, District Koriya (C.G.) in Special (Atrocity) Case No. 02/2018, the appellant stands convicted and sentenced as under:

                               Conviction                               Sentence
                   Under Section 354 B of IPC               R.I. for three years and fine of
                                                            Rs.1,000/-,    in   default   of
                                                            payment of fine to further under
                                                            S.I. for two months
                   Under Section 354 of IPC                 No separate sentence awarded
                   Under Section 354 A of IPC               No separate sentence awarded
                   Under Section 3 (1) (w) (i) of SC        No separate sentence awarded
                   & ST (Prevention of Atrocities) Act

Considering the material available on record, particularly considering

the age of the appellant who is 24 years old at the time of incident, the

maximum sentence awarded to the appellant i.e. three years R.I., he was on

bail during trial for a limited period of ten days, he did not misuse the liberty so

granted 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 sentences 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 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