Balkaran Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 3178 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                              Order Sheet

                                        CRA No. 702 of 2022
  Balkaran Yadav S/o Late Vaisakhu Yadav Aged About 48 Years Resident Of Balauda, Police
  Station- Janakpur, District- Korea (C.G.)
                                                                                     ---- Appellant
                                                Versus
  State Of Chhattisgarh Through- The Station House Officer, Police Station- A.J.K., Baikunthpur,
  District- Korea (C.G.)
                                                                                ---- Respondent

02/05/2022 Shri Sangeet Kumar Kushwaha, counsel for the appellant.

Shri Amit Singh Chouhan, P.L. for the State.

Heard on I.A. No.1 of 2020, application under Section 389 of Cr.P.C. for

suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 30/03/2022 passed by the Special Judge,

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Baikunthpur,

District Koriya (C.G.) in Special (Atrocities) Case No.07/2021, the appellant stands

convicted and sentenced as under :-

                   Conviction                                     Sentences

                   Under Section 3(1)(r)        of                R.I. for 6 months and fine of
                   SC&ST        (Prevention     of                Rs.500/-, in default of payment
                   Atrocities) Act, 1989                          of fine additional S.I. for 1 month
               Under Section 3(1)(s)         of                R.I. for 6 months and fine of
              SC&ST        (Prevention      of                Rs.500/-, in default of payment
              Atrocities) Act, 1989                           of fine additional S.I. for 1 month

                                                              Both the sentences        to      run
                                                              concurrently.

Notice served upon the victim but no one appeared in person or through his

counsel.

Considering the facts and circumstances of the case, particularly considering

the short sentence awarded to the appellant i.e. six months R.I. he was on bail during

trial, he did not misuse the liberty so granted, and 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.1 of 2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the

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 30th June, 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.

List this appeal for final hearing in due course.

Sd/-

(Gautam Chourdiya) JUDGE

Kamde