Hamid Raie vs State Of Chhattisgarh
2022 Latest Caselaw 6042 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                CRA No. 1446 of 2022
  Hamid Raie S/o Late Wali Mohammad Aged About 35 Years R/o - Ward No. 11,
   Kutcherypara, Baikunthpur, Police Station - Baikunthpur, District - Koriya,
   Chhattisgarh.                                                         ---- Appellant

                                       Versus

  State Of Chhattisgarh Through The District Magistrate, Baikunthpur, District -
   Koriya, Chhattisgarh.                                               ----Respondent

27.09.2022 Shri Dinesh Yadav, counsel for the Appellant.

Shri B.L. Sahu, P.L. for the State/Respondent. Despite service of notice upon the victim, she failed to appear before this Court either in person or through her counsel.

Heard on I.A.No.01/2022, an application filed under Section 389 of the Code of Criminal Procedure 1973, praying for suspension of sentence and grant of bail, pending decision of this appeal.

By virtue of the impugned judgment of conviction and order of sentence dated 28.07.2022 passed by the learned Special Judge [Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989], Baikunthpur, District-Koriya in Special (Atrocities) Case No. 30/2017, the Appellant stands convicted and sentenced as under:-

Conviction Sentence Under section 3 (1) (r) R.I. for 06 months and fine amount of Rs. of the Scheduled 200/-, and in default of payment of fine Castes and the amount additional S.I. for 01 month.

                   Scheduled         Tribes
                   (Prevention            of
                   Atrocities) Act, 1989.

Under section 3 (1) (s) R.I. for 06 months and fine amount of Rs. of the Scheduled 200/-, and in default of payment of fine Castes and the amount additional S.I. for 01 month.

                   Scheduled       Tribes
                   (Prevention          of
              Atrocities) Act, 1989.

Under Section 323 of Sentenced to R.I. for 03 months and fine I.P.C. amount of Rs.1,000/-, and in default of payment of fine amount additional S.I. for 2 months (All the sentences to run concurrently.) Learned counsel appearing for the Appellant submits that by virtue of impugned judgment, a short term of jail sentence has been awarded to the appellant and contended further that during trial, he was on bail, therefore, the jail sentence as awarded to him be suspended, during the pendency of this appeal as this appeal will take some time for its disposal.

On the other hand, learned counsel appearing for the Respondent/State has opposed the said application.

I have heard learned counsel for the parties and perused the entire record carefully.

Taking into consideration the short term of sentence awarded to the Appellant under the impugned judgment and also taking into consideration that during trial, he was on bail, I am, therefore, inclined to allow this application.

Accordingly, the application is allowed and it is directed that the 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 of Rs.15,000/- along with one surety of like sum to the satisfaction of the concerned trial Court for his appearance before the said Court on 21.11.2022 and, thereafter, continue to appear on such further dates as are given to him in that behalf, till the disposal of this appeal.

I.A.No.1/2022 stands disposed of.

Post this matter after 5 weeks for further orders.

Sd/-

(Sanjay S. Agrawal) Judge vivek