Chhote Lal Suryavanshi vs State Of Chhattisgarh
2022 Latest Caselaw 1228 Chatt

                                              1


                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                      CRA No. 383 of 2022

1. Chhote Lal Suryavanshi S/o Shri Mahettar Suryavanshi Aged About 60 Years R/o Village-
   Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

2. Arjun Suryavanshi S/o Shri Chhote Lal Suryavanshi Aged About 32 Years R/o Village-
   Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

3. Tetar @ Kesar Suryanavshi S/o Shri Nandun Suryavanshi Aged About 28 Years R/o
   Village- Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

4. Bhimkumar Suryavanshi S/o Shri Chhote Lal Suryavanshi Aged About 26 Years R/o
   Village- Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

5. Ravi Suryavanshi S/o Shri Fekuram Suryavanshi Aged About 26 Years R/o Village-
   Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

6. Narendra Suryavanshi S/o Shri Fekuram Suryavanshi Aged About 22 Years R/o Village-
   Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

7. Ramesh Kumar Suryavanshi S/o Shri Fekuram Suryavanshi Aged About 23 Years R/o
   Village- Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)

8. Biharilal Suryavanshi S/o Shri Chhote Lal Suryavanshi, Aged About 30 Years R/o Village-
   Bhathapara, Ganiyari, Police Station- Kota, District- Bilaspur (C.G.)  ---- Appellants

                                          Versus

 State Of Chhattisgarh Through Station House Officer, Police Station- Kota, District-
  Bilaspur (C.G.)                                                   -----Respondent

09.03.2022 Shri Dharmesh Shrivastava, counsel for the Appellants.

Shri Chitendra Singh, P.L. for the State/Respondent.

Heard on admission.

Admit.

Call for the record of the Court below

Also heard on I.A. No.01/2022, an application filed under Section 389 of

Cr.P.C. for suspension of sentence and grant of bail.

By way of impugned judgment of conviction and order of sentence dated

11.02.2022 passed in Sessions Trial No.62/2017, the appellants have been

convicted and sentenced as under:-

                 Conviction                                 Sentence

    U/s 147 I.P.C.                            S.I. for 1 year and fine of Rs.500/-
                                              each. In default, S.I. for 5 days each

    U/s 323/149 I.P.C. (on six counts)        S.I. for 1 year and fine of Rs. 500/-
                                              each. In default, S.I. for 5 days each

    U/s 458/149 I.P.C.                        S.I. for 2 years and fine of Rs.1000/-
                                              each. In default, S.I. for 10 days
                                              each

    U/s 427/149 I.P.C.                        S.I. for 1 year and fine of Rs.500/-
                                              each. In default, S.I. for 5 days each.

Counsel for the Appellants submits that the appellants have been awarded

short term of sentence and they have been granted bail during the course of trial

and they served jail confinement for a period of 43 and 45 days and the liberty

granted to them has never been misused by them. On these premises, learned

for the Appellant prayed for grant of bail.

On the other hand, counsel for the State opposes the prayer for grant of

bail.

I have heard learned counsel for the parties and perused the judgment

impugned.

Taking into consideration the short term of sentence awarded to the

Appellants and also taking into consideration the fact the appellants are on bail

during the course of trial and the liberty granted to them has never been misused

and that the appeal is likely to take some time for its final disposal, I am inclined

to allow this application.

The application is accordingly allowed and it is ordered that the

substantive jail sentence imposed upon both the appellants shall remain

suspended during pendency of this appeal and they shall be released on bail on

each of them furnishing a personal bond of Rs.25,000/- along with one surety for

the like sum to the satisfaction of the concerned trial Court for their appearance

before the said Court on 04.07.2022 and thereafter, they shall continue to appear

on all such further dates as are given to them in that behalf till final disposal of

this appeal.

Post this matter for final hearing in its due course.

               Certified copy today.                                        Sd/-

                                                                   (Arvind Singh Chandel)
                                                                            Judge




Vivek