Chattisgarh High Court
Hemant Ram @ Jethu Badaik vs The State Of Chhattisgarh on 17 October, 2022
Page 1 of 3
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1525 of 2022
Hemant Ram @ Jethu Badaik, S/o Birbal Ram, Aged About 40 Years, Caste Chik,
R/o Village- Ambakona, Police Station- Astha and District- Jashpur (C.G.)
---- Appellant
Versus
The State of Chhattisgarh, through P.S. Aasta, District- Jashpur (C.G.)
---Respondent
17.10.2022 Mr. A.K. Prasad, counsel for the appellant.
Mr. R.M. Solapurkar, Govt. Advocate 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, Schedule Caste and Schedule Tribe
(Prevention of Atrocities), Act, 1989, Jashpur (C.G.) in Special Criminal
Case under the SCST Act No. 13/2021, the appellant stands
convicted, as under:-
Conviction Sentence
U/s 294 of IPC : R.I. for 01 month.
U/s 354A of IPC : R.I. for 6 months.
U/s 509 of IPC : S.I. for 1 year and fine of Rs.5000/-, in
default of payment of fine, 3 months
R.I.
U/s 3(1)(r) of SC/ST : R.I. for 6 months and fine of Rs.500/-,
in default of payment of fine, 1 month
Act, 1989
R.I.
All the sentences to run concurrently.
Sentences already undergone to be
adjusted.
In pursuance of direction issued by this Court, the victim is
appeared virtually before this Court through DSLA, Jashpur and raised
objection in granting bail to the appellant.
Learned counsel for the appellant would submit that the appellant
is in jail since 12.09.2022 and he has already undergone for 2 months
and 3 days in imprisonment and did not misuse the liberty granted to
him. 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.
Learned State counsel opposes the bail application submitting
that the prosecution has proved the case beyond reasonable doubt and
raised objection in granting bail to the appellant, therefore, this
appellant is not entitled for grant of bail.
Considering the fact that the maximum jail sentence awarded to
the appellant is S.I. for one year, 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 12th 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.
Call for the record of the court below within four weeks.
List this appeal for final hearing in due course.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
