Jeevanlal Dhobi vs State Of Chhattisgarh
2022 Latest Caselaw 5598 Chatt

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                                                                          CRA No. 63 of 2021



                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                   CRA No. 63 of 2021

Jeevanlal Dhobi S/o Shri Ramkumar Dhobi, aged about 28 years, R/o Village - Aamapali,
Police Station - Gharghoda, District Raigarh, C.G.                               Appellant

                                          Versus

State Of Chhattisgarh, through Station House Officer of Police Station - Gharghoda, District
Raigarh, C.G.                                                                 Respondent

Division Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sachin Singh Rajput

07.09.2022 Mr. Abhishek Saraf, counsel for the appellant.

Mr. Ashish Tiwari, G.A. for the State / respondent.

Heard on I.A. No.1/2021, application for suspension of sentence

and grant of bail.

The appellant stands convicted for offence under Section 201 r/w

Section 34 of IPC and sentenced to undergo R.I. for 7 years and pay fine

of Rs.1000/-, in default of payment of fine to further 1 year R.I. by the

impugned judgment dated 24.12.2020 passed by the Special Judge

(Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act),

Raigarh, District Raigarh, C.G. in Special Criminal Case under the

Atrocities Act/07/2018. The appellant has challenged the same in this

appeal.

CRA No. 63 of 2021

Mr. Abhishek Saraf, learned counsel for the appellant, submits that

the appellant has falsely been implicated in crime in question and he has

been convicted by recording a finding which is perverse to the record.

He further submits that during trial appellant was on bail and appellant

did not misuse the liberty given by the Court. He also submits that

appellant is in jail since 24.12.2020 and he has completed more than

more than 2 years in custody (during trail period he was in custody from

21.010.2017 to 07.12.2017), therefore, application may be allowed and

appellant may be released on bail.

Per contra, Mr. Ashish Tiwari, learned State counsel, opposes the

prayer raised by learned counsel for the appellant and submits that the

concerned trial Court has rightly convicted the present appellant for the

aforesaid offence and, as such, the bail application of the appellant

deserves to be rejected.

We have heard learned counsel for the parties considered their

rival submissions and also perused the records with utmost

circumspection.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence and considering the other evidence

available on record and further considering the fact that he is convicted

for offence under Section 201 r/w Section 34 of IPC and sentenced to

undergo for 7 years, of which he has completed more than 2 years of

conviction and further considering the fact that he in jail since

CRA No. 63 of 2021

24.12.2020 and during trial he was on bail and he did not misuse the

liberty given by the Court, we find it a fit case for grant of bail to

appellant-Jeevanlal Dhobi, accordingly, I.A. No.1/2021 is allowed.

The substantive jail sentence awarded to appellant-Jeevanlal

Dhobi, is suspended during the pendency of this appeal and he is

directed to be released on bail on his furnishing a personal bond in the

sum of Rs.25,000/-, along with one surety in the like sum to the

satisfaction of the concerned trial Court for his appearance before the

Registry of this Court on 10 th of October, 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.

However, observation made herein above is only confined to

disposal of bail application and shall not be construed as opinion on

merits of the matter.

Certified copy as per rules.

                       Sd/-                                     Sd/-
                 (Sanjay K. Agrawal)                   (Sachin Singh Rajput)
                       Judge                                   Judge




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