Chattisgarh High Court
Nepal Mistri @ Sandeep Mistri vs State Of Chhattisgarh on 14 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1214 of 2022
Nepal Mistri @ Sandeep Mistri S/o Shri Nirmal Mistri Aged About 27 Years R/o
Village - P.V. 36 Chandipur, Thana - Pankhajur, District - North Baster, Kanker
(C.G.)
---- Appellant
Versus
State of Chhattisgarh Through - The District - Magistrate, Kanker, District - North
Baster Kanker (C.G.)
---- Respondent
14/10/2022 Mr.Sunil Sahu, counsel for the appellant.
Mr. Sanjay Pathak, P.L. for the State/respondent.
Victim is present through Video conferencing from District
Legal Services Authority, Kanker.
Heard on I.A. No.1 of 2022, application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 26.07.2022 passed by
the Special Judge, Scheduled Castes and Scheduled Tribes
(Atrocities), Kanker, District North Bastar Kanker, C.G. in
Special Criminal Case No.25/2017, the appellant stands
convicted and sentenced as under:
Conviction Sentence
Under Section 457 of IPC R.I. for 03 years and fine of
Rs.1000/-, in default of fine,
additional R.I. for 03 months.
Under Section 354 of IPC R.I. for 04 years and fine of
Rs.1000/-, in default of fine,
additional R.I. for 3 months.
Under Section 354(A) of R.I. for 02 years and fine of
IPC Rs.500/-, in default of fine,
additional R.I. for 01 month.
Under Section 324 of IPC R.I. for 01 year and fine of
Rs.500/-, in default of fine,
additional R.I. for 01 month.
Under Section 3(1)(w)(i) of R.I. for 04 years and fine of
Scheduled Castes and Rs.1000/-, in default of fine,
Scheduled Tribes additional R.I. for 03 months.
(Prevention of Atrocities
Act) 1989
Under Section 3(1)(w)(ii) of R.I. for 04 years and fine of
the Scheduled Castes and Rs.1000/- in default of fine
Scheduled Tribes additional R.I. for 03 months.
(Prevention of Atrocities)
Act, 1989
Under Section 3(2)(va) of R.I. for 04 years and fine of
the Scheduled Castes and Rs.1000/-, in default of fine,
Scheduled Tribes additional R.I. for 03 months.
(Prevention of Atrocities)
Act, 1989
Under Section 3(2)(va) of R.I. for 02 years and fine of
the Scheduled Castes and Rs.500/-, in default of fine,
Scheduled Tribes additional R.I. for 01 month.
(Prevention of Atrocities)
Act, 1989
Under Section 3(2) (va) of R.I. for 01 year and fine of Rs.500,
the Scheduled Castes and in default of fine, additional R.I. for
Scheduled Tribes 01 month.
(Prevention of Atrocities)
Act, 1989.
(All sentences were directed to run concurrently)
Learned counsel for the appellant submits that the trial
Court has not properly appreciated the overall evidence
available on record for holding the appellant guilty. He further
submits that there are major contradictions and omissions in the
statements of the prosecution witnesses. The appellant was on
bail during trial and did not misuse the liberty granted to him and
he is ready to abide by all the terms and conditions imposed by
this Court. The disposal of the appeal is likely to take some
time, therefore, the appellant be released on bail.
On the other hand, learned counsel for State opposes the
bail application.
The victim is present through video conferencing and she
opposes the bail application.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case, in
particular the fact that the maximum sentence awarded to the
appellant is of four years, the fact that the appellant was on bail
during trial and did not misuse the liberty granted to him and
that disposal of this appeal is likely to take some time, without
expressing any opinion on the merits of the case, I am of the
opinion that present is a fit case to suspend the jail sentence
imposed upon the appellant and to release him on bail.
Accordingly, the application (I.A. No.01 of 2022) is
allowed.
It is directed that the execution of substantive jail
sentence imposed upon the appellant shall remain suspended
during the pendency of this appeal and he shall be released on
bail on his furnishing a personal bond in the sum of Rs.25,000/-
with one surety of the like sum to the satisfaction of the trial
Court. He shall appear before the Registry of this Court on
06.12.2022 and thereafter appear before the trial Court on a
date to be given by the Registry and thereafter continue to
appear before the trial Court on all such dates as are given to
him by the said Court till disposal of this appeal.
List the case for final hearing in due course.
Sd/-
(Radhakishan Agrawal)
Judge
Yogesh
