Khagesh Chandravanshi vs State Of Chhattisgarh
2022 Latest Caselaw 6838 Chatt

         HIGH COURT OF CHHATTISGARH, BILASPUR
                         CRA No. 1778 of 2022
1. Khagesh Chandravanshi S/o Jayram Chandravannshi Aged About 45 Years R/o
   Village Dongariyakala, Police Station- Pandatarai, District - Kabirdham,
   Chhattisgarh
2. Vinayak S/o Naresh Chandravanshi Aged About 34 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham, District :
   Kawardha (Kabirdham), Chhattisgarh
3. Riddharam S/o Gajanand Chandravanshi Aged About 51 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham, District :
   Kawardha (Kabirdham), Chhattisgarh
4. Rohit Chandravanshi S/o Vyas Chandravanshi Aged About 32 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham, District :
   Kawardha (Kabirdham), Chhattisgarh
5. Tamesh S/o Sangram Chandravanshi Aged About 48 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham, District :
   Kawardha (Kabirdham), Chhattisgarh
6. Prakash S/o Baldau Chandravanshi Aged About 35 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham
7. Kinker S/o Ghanaram Chandravanshi Aged About 33 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham
8. Pradeep S/o Suresh Chandravanshi Aged About 25 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham, District :
   Kawardha (Kabirdham), Chhattisgarh
9. Rajesh S/o Chhotu Chandravanshi Aged About 26 Years R/o Village
   Dongariyakala, Police Station- Pandatarai, District - Kabirdham
10. Anil S/o Lalaram Chandravanshi Aged About 31 Years R/o Village
    Dongariyakala, Police Station- Pandatarai, District : Kawardha (Kabirdham),
    Chhattisgarh
11. Narad S/o Siddharam Chandravanshi Aged About 41 Years R/o Village
    Dongariyakala, Police Station- Pandatarai, District : Kawardha (Kabirdham),
    Chhattisgarh
12. Anil S/o Mohan Chandravanshi Aged About 30 Years R/o Village Dongariyakala,
    Police Station- Pandatarai, District : Kawardha (Kabirdham), Chhattisgarh
    13. Chhotu S/o Gajanand Chandravanshi Aged About 40 Years R/ O Village
       Dongariyakala, Police Station Pandatarai, District : Kawardha (Kabirdham),
       Chhattisgarh
                                                                        ---- Appellants
                                    Versus
  State of Chhattisgarh Through Station House Officer, Police Station Pandatarai,
  District : Kawardha (Kabirdham), Chhattisgarh
                                                                       ---- Respondent

16/11/2022 Mr. Kanhaiya Ram Yadav, Advocate for the appellants.

Mr. R.M. Solapurkar, GA for the State.

Heard on admission.

Admit.

Call for the record of the Court below.

Also heard on application (I.A. No. 01/2022) for suspension of sentence and grant of bail to the appellants.

By the impugned Judgment dated 09.11.2022, passed by learned Special Judge under the Scheduled Caste and Scheduled Tribies (Prevention of Atrocities) Act, Kawardha, District Kabirdham (CG) in Special Criminal Case No. 65/2019, the appellants stand convicted and sentenced as under:

Conviction Sentence U/s. 448 IPC Fine of Rs. 500/- each of the appellants in default of payment of fine RI for 1 month.

U/s. 147 IPC Fine of Rs. 1000/- each of the appellants in default of payment of fine RI for 2 months.

U/s. 323/149 IPC Fine of Rs. 1500/- each of the appellants in default of payment of fine RI for 3 months.

U/s. 354 IPC RI for 1 year and fine of Rs. 500

in default of payment of fine RI for 1 month to appellants No. 4 and

Learned counsel for the appellants submits that only appellant No. 4 and 8 have been convicted under Section 354 IPC and sentenced them to RI for 1 year and rest of the appellants have been sentenced with fine amount only as observed in paragraph 41 of the judgment and the fine amount as imposed by the trial court has already been deposited by the appellants, therefore, application filed under Section 389(2) for suspension of sentence and grant of bail may be considered.

On the other hand, learned State Counsel opposes application.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellant No. 4 and 8 and the appeal is of year 2022 and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed. It is directed that the substantive jail sentence imposed upon the appellant No. 4 and 8 shall remain suspended during the pendency of this appeal and they shall be released on bail on their furnishing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the Trial Court for their appearance before the Registry of this Court on 05.01.2023. Appellant No. 4 and 8 shall thereafter continue to appear before the trial Court on all such subsequent dates are are given to them by the trial Court till the disposal of this appeal.

List this case for final hearing on 17.01.2023.

Sd/-

(Narendra Kumar Vyas) Judge

santosh