Bhaiyalal vs State Of Chhattisgarh
2022 Latest Caselaw 525 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                  Proceeding through Video Conferencing
                               Order Sheet
                              Criminal Appeal No. 28 of 2022
     Bhaiyalal, S/o- Late Vijai, Aged about 72 years, R/o- Mainpur, Ward No.-2, P.S.
      Kotadol, District Koriya, (C.G.)
                                                                              ----- Appellant      s




                                         versus
     State of Chhattisgarh, Through - Police Station-Kotadol, District - Koriya, C.G.
                                                                              ----- Respondent

28/01/2022 Shri Puskar Sinha, Advocate for the appellant.

Ms. Deepti Shukla, Panel Lawyer for the State.

As per State counsel, notice has been served upon the relative of the prosecutrix namely Rajesh Singh. It is stated that as per service of notice, the prosecutrix died on 13.06.2021. Death certificate of the prosecutrix is annexed with service report. But neither relative of the prosecutrix is present, nor is there any representation on his behalf.

Heard on I.A. No. 01/2022, application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail.

By the impugned judgment dated 15.12.2021 passed by the Special Judge, SC/ST(Prevention of Atrocities), Act, Baikunthpur, District Koriya (C.G.) in Special (Atrocity) Case No. 25/2020, the appellant stands convicted and sentenced as under:

                              Conviction                                Sentence
                  Under Section 451 of IPC                  S.I. for three months and fine of
                                                            Rs.100/-, in default of payment
                                                            of fine to further under S.I. for 15
                                                            days
                  Under Section 323 of IPC                  S.I. for three months and fine of
                                                            Rs.100/-, in default of payment
                                                            of fine to further under S.I. for 15
                                                            days
                  Under Section 3 (1) (w) (ii) of SC        R.I. for six months and fine of
                  & ST (Prevention of Atrocities) Act       Rs.500/-, in default of payment
                                                            of fine to further under S.I. for
                                                            two months
                                     All the sentences to run concurrently

Considering the material available on record, in particular the fact that

maximum sentence awarded to the appellant is of six months, considering the

age of the appellant i.e. 72 years at the time of incident, the appellant was on

bail during trial, he was granted interim bail by this Court vide order dated

14.01.2022 and did not misuse the liberty so granted, and that due to Covid-

19 pandemic, 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 2022) 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 21st 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

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