Mahadev Barsa @ Kola vs State Of Chhattisgarh
2022 Latest Caselaw 7142 Chatt

                                                                                             NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                       CRA No.1334 of 2022

     Mahadev Barsa @ Kola, S/o Ayatu Barsa, Aged About 25 Years, R/o Village - Matenar,
      Mekapara, Police Station - Dantewada, District Dantewada, Chhattisgarh

                                                                                      ---- Appellant

                                               Versus

     State Of Chhattisgarh Through Station House Office, Police Station - Dantewada, District
      Dantewada, Chhattisgarh

                                                                                   ---- Respondent

29/11/2022 Ms. Meenu Benarjee, counsel for the appellant.

Mr. Avinash K. Mishra, GA for the State.

Heard on IA No.3/2022, application for extension of time for execution of bail (personal bond).

Vide judgment of conviction and order of sentence dated 25.06.2022 passed by the learned Session Judge, South Bastar, Dantewada (C.G.) in ST No.61/2020, the appellant was convicted under Sections 323 & 324 of IPC and sentenced to undergo RI for 6 months and RI for 3 years, respectively with default stipulations.

Learned counsel for the appellant submits that vide order dated 25.08.2022, the appellant was granted bail on his furnishing a personal bond for a sum of Rs.25,000/- with one solvent surety of the like amount for his appearance before the Registry of this Court on 12.10.2022, but due to inadvertence, only Section 323 of IPC and sentenced thereunder RI for 6 months with default stipulation was mentioned in the order, whereas Section 324 of IPC and sentenced imposed thereunder RI for 3 years with default stipulation could not be mentioned, as such the personal bond could not be furnished. She further submits that during trial, the appellant was in jail from 08.07.2020 to 20.05.2021 and since thereafter was on bail and is presently is in jail since 25.06.2022 and has undergone more than half of the jail sentence and due to pecuniary problem, the appellant is not able to furnish bail bond . Therefore, the order dated 12.10.2022 may kindly be modified accordingly.

Learned State counsel does not oppose the prayer made by appellant's counsel.

On perusal of the order dated 25.08.2022, it appears that due to inadvertence, conviction of the appellant under Section 324 of IPC and sentenced imposed thereunder RI for 3 years with default stipulation could not be mentioned therein, whereas the appellant was convicted under Sections 323 & 324 of IPC both and sentenced to undergo RI for 6 months and RI for 3 years, respectively with default stipulations, but only the conviction under Section 323 and sentenced thereunder was mentioned.

In view of the above, the order dated 25.08.2022 is modified to the extent that the conviction of the appellant be also read under Section 324 of IPC and sentence thereunder as RI for 3 years plus fine of Rs.1000/- with default stipulation. The remaining part of the order shall remain intact.

Execution of the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of this appeal and he shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 05.01.2023. 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 on all subsequent dates, as are given to him by the said Court, till disposal of this appeal.

IA No.3/2022 accordingly stands disposed of.

List the matter thereafter.

Sd/-

(Rajani Dubey) Judge

Nirala