Bachcha Patel vs State Of Chhattisgarh
2022 Latest Caselaw 6839 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 1752 of 2022
1. Bachcha Patel S/o Ashok Patel Aged About 37 Years R/o Village Kauhakunda
   Pahad Mandir, Police Station Chakradhar Nagar, District - Raigarh (C.G.)
2. Gopal Patel S/o Ramchandra Patel Aged About 40 Years R/o Village Kauhakunda
   Pahad Mandir, Police Station Chakradhar Nagar, District - Raigarh (C.G.)
                                                                     ---- Appellants
                                    Versus
  State of Chhattisgarh Through Thana In Charge Chakradhar Nagar, District Raigarh
  (C.G.)
                                                                    ---- Respondent

16/11/2022 Mr. Rajendra Tripathi, Advocate for the appellants.

Mr. Himanshu Sharma, PL 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 31.10.2022, passed by learned First Upper Sessions Judge, Raigarh District Raigarh (CG) in Sessions Trial No. 456/2013, the appellants stand convicted and sentenced as under:

                       Conviction                        Sentence
              U/s. 325/1491 IPC              RI for 2 years and fine of Rs.
                                             500/- in default of payment of fine
                                             additional SI for 3 months each of
                                             the appellants.

              U/s. 323/149 IPC                RI for 6 months each of the
                                              appellants.
                                with a direction to run        the
                               sentences concurrently.

Learned counsel for the appellant submits that the appellants are on bail during trial and after conviction, the appellants have been granted interim bail by the trial Court and they did not misuse the liberty granted to them, 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 and would submit that there is clinching evidence to prove the guilt of the appellants, therefore, the trial Court has rightly passed the order of conviction and judgment of sentence which does not warrant interference by this Court and would pray for rejection of 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 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 appellants 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/- each of the appellants with one surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 05.01.2023. They 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.

Sd/-

(Narendra Kumar Vyas) Judge

santosh