Chattisgarh High Court
Pappu Mandal vs State Of Chhattisgarh on 29 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1597 of 2021
Pappu Mandal, S/o Gorelal Mandal, aged about 32 years, Resident of Village
Chhattu Dhanma Anchal, Jamui, District Jamui (Bihar)
....Appellant
(In Jail)
Versus
State of Chhattisgarh, through police of Police Station Khamtarai, District Raipur
(Chhattisghar)
....Respondent
Division Bench:
Hon'ble Shri Justice Sanjay K. Agrawal &
Hon'ble Shri Justice Sanjay S. Agrawal
29/07/2022 Mr. P. Chetan Kumar, Advocate for the appellant.
Mr. Ashish Tiwari, Government Advocate for the respondent-State.
Heard on IA No.01 of 2021, which is an application filed on behalf of the
appellant under Section 389 of Cr.P.C. for suspension of sentence and grant of bail.
By impugned judgment of conviction and order of sentence dated 24.11.2021,
the appellant has been convicted for offence: under Sections 17 of the Unlawful
Activities (Prevention) Act, 1967 (for short the "Act of 1967") and sentenced to
undergo 10 years' rigorous imprisonment with fine of Rs.500/- and, in default of fine,
additional rigorous imprisonment of 15 days; under Section 40(1)(b) of the Act of
1967 and sentenced to undergo 10 years' rigorous imprisonment with fine of Rs.500/-
and, in default of fine, additional rigorous imprisonment of 15 days and also under
Section 40(1)(c) of the Act of 1967 and sentenced to undergo 10 years' rigorous
imprisonment with fine of Rs.500/- and, in default of fine, additional rigorous
imprisonment of 15 days (all substantive sentences are directed to run concurrently).
Mr. P. Chetan Kumar, learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated. The allegation against the
present appellant is that co-accused Dheeraj Sao, who is allegedly involved with
unlawful organization (terrorist) and had obtained money from various countries, has
deposited Rs.37,050/- in the account of present appellant. There is no evidence
available on record against the present appellant to show that the said amount of
Rs.37,050/- has been deposited by co-accused, Dheeraj Sao and is involved with
any unlawful organization (Terrorist). The appellant has been convicted only on the
basis of his own memorandum statement (Ex.P/147) and the witness to
memorandum statement i.e. Rajesh Kumar Raghav (PW-35) has been declared as
hostile. The learned trial Court without appreciating the oral and documentary
evidence available on record in its correct perspective has convicted the appellant for
the aforementioned offences by recording perverse findings, which is contrary to
record. The appellant is in jail since 06.05.2018 and has completed more than 04
years in jail and there is no possibility of this appeal to be heard finally in near future,
therefore, the appellant be enlarge on bail by suspending his jail sentence.
Per-contra, Mr. Ashish Tiwari, learned State counsel opposed the application
and submits that appellant is involved with co-accused- Dheeraj Sao, who has
involvement with unlawful organization (terrorist) and pursuant to the memorandum
statement (Ex.P/147) of the appellant itself, a pass-book of Bank of Baroda in the
name of present appellant is recovered vide Ex.P/148, wherein a total amount of
Rs.37,050/- in two different transaction has been shown to be deposited in his
account by said Dheeraj Sao. By taking this Court other evidence available on
record, he submits that there is sufficient material available on record to connect the
appellant-accused with the offence and the learned trial Court has rightly convicted
the appellant for the offence aforementioned and, therefore, the present application
deserves to be rejected.
After hearing learned counsel for the parties and taking into consideration the
material available on record and especially considering the fact that the maximum
sentence awarded to the appellant by the learned trial Court is 10 years and out of
which he has already completed more than 4 years, as he is in jail since 06.05.2018
and all the sentences are directed to run concurrently and hearing of this appeal
would take prolonged period of time in near future and also taking into consideration
the fact that witness to memorandum statement of appellant (Ex.P/147) i.e. Rajesh
Kumar Raghav (PW-35) has been declared as hostile, we deem it appropriate to
allow the application for suspension of sentence and grant of bail.
Accordingly, the substantive jail sentence awarded to the appellant by the
learned trial Court is hereby suspended. The appellant- Pappu Mandal be released
on bail on his executing a bail bond of Rs.50,000/- (Fifty Thousand Only) with one
local surety in the like amount to the satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on 04.11.2022. He shall thereafter
appear before the concerned trial Court on a date to be given by the Registry of this
Court and shall continue to appear there on all such subsequent dates as are given
to him by the said Court, interval being not less than 6 months, till the disposal of this
appeal.
Consequently, I.A. No.01 of 2021 is allowed.
It is made clear that the observations made hereinabove are only confined for
disposal of IA No.01 of 2021 and it shall not be construed as an expression of opinion of
this Court on the merits of the matter.
C.C. as per rules.
Sd/- Sd/
(Sanjay K. Agrawal) (Sanjay S. Agrawal)
Judge Judge
[email protected]
