Ramsai Sonkar vs State Of Chhattisgarh
2022 Latest Caselaw 6612 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                  Cr.A. No. 1635 of 2022

 1. Ramsai Sonkar S/o Late Jailal Sonkar Aged About 57 Years R/o Village Rudragaon,
    Police Station Dongargaon, District : Rajnandgaon (C.G.)
 2. Fulesar Bai Sonkar W/o Ramsai Sonkar Aged About 55 Years R/o Village Rudragaon,
    Police Station Dongargaon, District : Rajnandgaon (C.G.)
 3. Bhalchand Sonkar S/o Ramsai Sonkar Aged About 23 Years R/o Village Rudragaon,
    Police Station Dongargaon, District : Rajnandgaon (C.G.)
                                                                              ---- Appellants
                                                                                     (In Jail)
                                           Versus
    State Of Chhattisgarh Through - Police Station Dongargaon, District : Rajnandgaon
    (C.G.)
                                                                              ---Respondent

04.11.2022 Shri Pramod Ramteke, counsel for the appellants.

Ms. Ishwari Ghritlahre, P.L. for the State/respondent. Heard on I.A.N0.01/2022, an application for suspension of sentence and grant of bail to the appellant.

Call for the record.

By the impugned judgment dated 27/09/2022 passed by the Additional District & Sessions Judge, District - Rajnandgaon .)(C.G.) in Session Trial No. 07/2021, the appellants stands convicted, as under:-

Offences Sentence U/s 498-A of the I.P.C. : R.I. for 02-02 years and fine of Rs. 1,000/-

1,000/- each in default of payment of fine 01 month each additional R.I. Deposited U/s 307 of the I.P.C. for : R.I. for 10-10 years and fine of Rs. 1,000/-

1000/- in default of payment of fine 01-01

month additional R.I.

(Both the sentence are run concurrently for appellant No.2 and 3) Learned counsel for the appellants submit that the appellant No.1 Ramsai Sonkar has already deposited the fine amount and granted bail by the trial court, therefore, the appellant No.1 may be released on bail.

On the other hand learned State counsel opposes the submission and there is involvement of all the appellants, therefor, learned trial court has passed the order of conviction, as such the application for suspension of sentence and grant of bail may also be rejected for appellant No.1 Ramsai Sonkar.

I have heard counsel for the parties.

Considering the short sentence awarded to the appellant no.1 is R.I. for 02 years and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take some time. I am inclined to suspend the sentence of the appellant No.1 Ramsai Sonkar and release him on bail.

I.A. No.01/2022 is allowed so-far-as it relates to appellant no.1. Accordingly, application for suspension of sentence and grant of bail to appellant No.1, Ramsai Sonkar is allowed and application for rest of the appellant will be considered after record of the trial court received, and it is directed that execution of further substantive jail sentence of the appellant No.1 Ramsai Sonkar shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 13th December, 2022. He 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 him by the said court till the disposal of this appeal.

List this case on 07th December 2022.

Sd/-

(Narendra Kumar Vyas) Judge

Ashish