Govind Ram Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6723 Chatt

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                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                               CRA No. 1643 of 2022
 Govind Ram Sahu, S/o Shri Dayaram Sahu, Aged About 34 Years, R/o Village
 Murta, Police Station- Navagarh, District- Bemetara (C.G.)
                                                                    ---- Appellant
                                     Versus
 State of Chhattisgarh, Through Station House Officer, Police Station- Nandghat,
 District- Bemetara (C.G.)
                                                                   ---Respondent

10.11.2022 Mr. Amit Sahu, counsel for the appellant.

Mr. Himanshu Kumar Sharma, Panel Lawyer for the State/respondent. Heard on admission.

Admit.

Also heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 12.09.2022 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bemetara, District- Bemetara (C.G.) in Special Case (Atrocities) No. 09/2020, the appellant stands convicted, as under:-

                     Conviction                                Sentence
              U/s 354 of IPC             : R.I. for 3 years and fine of Rs. 1000/- in default

of payment of fine further imprisonment of 1 month.

U/s 3(1)(b)(i) of SC & ST : R.I. for 3 years and fine of Rs. 1000/- in default of payment of fine further imprisonment of 1 Act, 1989 month.

Learned counsel for the appellant would submit that the appellant and the victim were working in the same office and due to some previous enmity, the appellant has been falsely implicated by the victim. He would further submit that the appellant was on bail during trial and did not misuse

the liberty granted to him and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellant may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellant regarding commission of offence, therefore, the appellant is not entitled for grant of bail.

The victim is present before this Court and she has made statement that she has objection in releasing the appellant on bail.

Considering the fact that the maximum jail sentence awarded to the appellant is R.I. for three years, the appellant was on bail during trial and did not misuse the liberty granted to him and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant 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 20th 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 appeal for final hearing in the month of March, 2023.

Sd/-

(Narendra Kumar Vyas) Judge Arun