Chamru Patel vs State Of Chhattisgarh
2022 Latest Caselaw 1111 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRA No. 1135 of 2021
 Krishna Kumar S/o Mantram Gendre, Aged About 23 Years, R/o Village Musvadih,
  P.S. Simga, District Baloda Bazar-Bhatapara Chhattisgarh
                                                                        ---- Appellant
                                     Versus
 State Of Chhattisgarh, Through Station House Officer, Police Station Basna, District
  Mahasamund Chhattisgarh
                                                                      ---- Respondent

CRA No. 1267 of 2021

1. Rupanand @ Rupesh S/o Premnand, Aged About 27 Years, R/o Baitari, Police Station Basna, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

2. Surendra Kumar S/o Drupadlal Chouhan, Aged About 31 Years, R/o Baitari, Police Station Basna, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

---- Appellants Versus  State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasmund Chhattisgarh., District : Mahasamund, Chhattisgarh

---- Respondent CRA No. 1297 of 2021

1. Chamru Patel S/o Samaru Patel, Aged About 40 Years, R/o Karnapali, Thana Basna, District Mahasamund Chhattisgarh

2. Kamal Bariha S/o Kanhiya Bariha, Aged About 28 Years, R/o Bilkhand, Thana Basna, District Mahasamund Chhattisgarh

3. Govinda S/o Shaukilal Binjhwar, Aged About 33 Years, R/o Tedgideepa, Thana Saliha, District Baloda Bazar Chhattisgarh

---- Appellants Versus  State Of Chhattisgarh, through the Police Station Basna, District Mahasamund Chhattisgarh

---- Respondent CRA No. 1501 of 2021  Manmohan Das S/o Rikhidas Manikpuri, Aged About 19 Years, R/o Amsena, P.S. Arang, District Raipur Chhattisgarh.

---- Appellant Versus  State Of Chhattisgarh, Through Station House Officer, Police Station Basna, Civil and Revenue District Mahasamund Chhattisgarh

---- Respondent

02/03/2022 Shri Rajeev Kumar Dubey, Advocate for appellant in CRA No.1135 of 2021.

Shri Vipin Singh, Advocate for appellants in CRA No.1267 of 2021. Shri J.K. Gupta, Advocate for appellants in CRA No.1297 of 2021. Shri Kunwarlal Sahu, Advocate on behalf of Shri Yogeshwar Sharma, Advocate for appellant in CRA No.1501 of 2021.

Shri Sudeep Verma, Deputy Govt. Advocate for the State/respondent. Heard on I.A.No.1, applications for suspension of sentence and grant of bail to the appellants filed in these appeals.

The appellants have been convicted and sentenced by the judgment of conviction and order of sentence dated 29-09-2021 passed in Special Case (NIA) No.05/2018 by the Special Judge (NIA), District Bilaspur, Chhattisgarh, in the following manner :-

             Conviction                        Sentence
             U/s 489-C of the IPC              R.I. for 7 years and fine of Rs.5000/-, in

default of payment of fine amount additional R.I. for three months.

It is submitted by learned counsel for the appellants that conviction against the appellants is erroneous and bad in law. The witnesses of search and seizure have not supported the prosecution case and the conviction against the appellants is based only on the evidence of the Investigating Officer who should not have been relied upon looking to his interest against the appellants. The appellants are in jail since more than one year and they had been on bail during trial and also there is likelihood of delay in final hearing of these appeals. Hence, it is prayed that these appellants be granted bail during pendency of these appeals.

Learned State counsel opposes the application and submits that the prosecution has proved its case beyond reasonable doubt on the basis of recovery and seizure made at the instance of the appellants according to their memorandum statement. Hence, no case is made out for grant of bail.

Heard learned counsel for the parties and perused the record of the trial Court.

Considered on the submissions and also perused the record of the case considering that the appellants are in jail since more than one year and there is likelihood of delay in final hearing of these appeals, we feel inclined to allow the applications for suspension of sentence and grant of bail filed in these appeals.

Accordingly, I.A.No.1, applications for suspension of sentence and grant of bail are allowed.

It is directed that the jail sentence imposed upon the appellants shall remain suspended during the pendency of these appeals and they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 15th of June, 2022. They shall thereafter appear before the 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 them by the said Court, till disposal of these appeals.

                       Sd/-                                        Sd/-
                 (R.C.S. Samant)                       (Arvind Singh Chandel)
                    Judge                                       Judge




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