Mohd. Hisamuddin @ Sonu vs State Of Chhattisgarh
2022 Latest Caselaw 3823 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                   CRA No. 786 of 2022
  1. Mohd. Hisamuddin @ Sonu S/o Mohd. Sarifuddin Aged About 31 Years
  2. Mohd. Neeruddin @ Bablu S/o Mohd. Sarifuddin Aged About 30 Years
  3. Mohd. Salimuddin @ Chhotu S/o Mohd. Sarifuddin, Aged About 25 Years
  4. Mohd. Rukmuddin @ Golu S/o Sarifuddin Aged About 28 Years
  5. Mohd. Sarifuddin S/o Late Mohd. Siddiik Aged About 60 Years
  6. Shahnaj W/o Mohd. Sarifuddin, Aged About 58 Years


     R/o Ekta Nagar, Godripara, Police Station Chirmiri, District : Koriya
     (Baikunthpur), Chhattisgarh.                          ---- Appellants
                                         Versus
   State of Chhattisgarh, Through- Station House Officer, Police of Police
    Station - Ajak Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh.
                                                                   ---- Respondent

16.06.2022 Shri Anil Gulati, counsel for the appellants.

Shri Shrikant Kaushik, P.L. for the State.

Learned State counsel submits that notice has already been issued to the prosecutrix.

Heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 22.04.2022 passed in Special (Atrocities) Case No. 61/2017, by the Special Judge, SC/ST Act, Baikunthpur, District- Koriya (C.G.) as under:- Name of the appellant Conviction Sentence

1. Mohd. U/s. 3 (1) (द) of R.I. for 6-6 months Hisamuddin @ SC/ST Act (thrice) and fine of Rs. 200-

        Sonu                            200,       200-200/-
                                        default in payment
     2. Neeruddin @                     of    fine   amount
        Bablu                           additional  S.I.  for
                                        15-15 days.
     3. Salimuddin @
        Chhotu
     4. Rukmuddin @
        Golu           U/s. 3 (1) (ध) of SC/ST R.I. for 6-6 months
                       Act (thrice)            and fine of Rs. 200-
     5. Sarifuddin S/o                         200,       200-200/-
     6. Shahnaj                                default in payment
                                               of    fine   amount
                                               additional S.I. for
                                               15-15 days.

Considering the facts & circumstances of the case, the short sentence have been imposed upon the appellants i.e. 6-6 months, appellants No. 1-4 were on bail during trial and did not misuse the liberty granted to them, final disposal of this appeal is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2022) 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 their furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the trial Court.

They shall appear before the Registry of this Court on 02/08/2022 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 the case for final hearing 02.08.2022 for final hearing.

Meanwhile, learned State counsel to inform the prosecutrix about the next date of hearing.

Sd/-

(Gautam Chourdiya) Judge

Nadim