Dinesh Kumar Rajwade vs State Of Chhattisgarh
2022 Latest Caselaw 268 Chatt

                                                                                  NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR
                   Proceedings Through Video Conferencing
                                   CRA No. 88 of 2022
1. Dinesh Kumar Rajwade, S/o Devraj Rajwade, aged about 20 Years,

2. Dilbharan Rajwade, S/o Bhadur Ram, aged about 20 Years,

3. Vishwanath Vaishnav, S/o Karandas Vaishnav, aged about 20 Years

   All are R/o Village Sapna, P.S. Gandhinagar, District Sarguja, Chhattisgarh.

                                                                           ----Appellants

                                         Versus

 State of Chhattisgarh, Through S.H.O. Police Station Jainagar, District Surajpur,
   Chhattisgarh.

                                                                      ---- Respondent

14/01/2022 Shri Gyan Prakash Shukla, counsel for the appellants.

Shri 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. 01/2022, application for suspension of

sentence and grant of bail to the appellants.

By the impugned judgment dated 24.12.2021 passed by the Special

Judge (SC/ST Act) Surajpur, District Surajpur, C.G., in Special Case

No.36/2018, the appellants stand convicted and sentenced as under:

Conviction Sentence

Under Section 294 of Indian Penal Rigorous Imprisonment for 15 days Code and fine of Rs.100/- each, in default of payment of fine amount to undergo further additional rigorous imprisonment for seven days

Under Section 323 read with Rigorous Imprisonment for 3 months Section 34 of Indian Penal Code and fine of Rs.100/- each, in default of payment of fine amount to undergo further additional rigorous imprisonment for seven days

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

fact that the maximum sentence awarded to the appellants are of three

months 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 appellants and to release them 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 appellants shall remain suspended during the pendency of this

appeal and they shall be released on bail on each of them 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. They shall appear before the

Registry of this Court on 14.06.2022 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 them by the

said Court till disposal of this appeal.

List this case for final hearing in its due course.

Sd/-

Gautam Chourdiya Judge Akhilesh