Chattisgarh High Court
Bhola Behra @ Dileshwar Behra vs State Of Chhattisgarh on 28 September, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1320 of 2022
Bhola Behra @ Dileshwar Behra S/o Gorango Behra Aged About 22 Years R/o
Village Godhi, Police Station Tamnar, District- Raigarh Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through Thana-In Charge Tamnar, District- Raigarh
Chhattisgarh.
--Respondent
28/09/2022 Shri Rajendra Tripathi, counsel for the Appellant.
Shri B.L. Sahu, Panel Lawyer for the State/ Respondent.
Notice which was issued earlier to the Complainant is still awaited.
In view of the above, learned State counsel is directed to inform the
complainant/victim for his appearance before this Court either in person or
through Video Conference of the concerned DLSA.
The matter is listed today for consideration on an application, marked as
I.A.No.1/2022 for suspension of sentence and grant of bail.
According to learned counsel for the Appellant, the jail sentence has
already been suspended by the concerned court below for a limited period. It is
contended further that the other co-accused persons namely, Anil Behra and
Jaiprakash Gadatiya have already been released on bail by the Co-ordinate
Bench of this Court vide order dated 29/08/2022 in CRA No. 1268/2022 and,
therefore, although the notice issued earlier to the Complainant regarding listing of
this matter is still awaited, but looking to the facts of the case, the Appellant may
be enlarged on ad-interim bail in the interest of justice.
In view of the above, I am inclined to consider the aforesaid submission of
learned counsel for the Appellant.
By virtue of the impugned judgment dated 30.7.2022 passed by Special
Judge {Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act},
Raigarh in Special Criminal Case under the Atrocities Act No.42/2021, the
Appellant has been convicted and sentenced as under:-
Conviction Sentence
Under Section 325/34 of IPC RI for four months, fine of Rs.1000/-, in default to
undergo RI for ten days.
Under Section 3(2)(va) of the RI for four months, fine of 1000/-, in default to
SC/ST (Prevention of undergo RI for ten days.
Atrocities) Act.
Both the sentences were directed to run concurrently.
Learned counsel for the Appellant submits that the trial Court has convicted
the Appellant without there being any legally admissible evidence against him.
Medical evidence also does not support the prosecution case and the maximum
sentence awarded to him is only for four months and since the Appellant, who
was on bail during trial has not misused the terms and conditions imposed upon
him, and therefore, he may be enlarged on ad-interim bail pending consideration
of his application for suspension of sentence and grant of bail.
On the other hand, learned counsel appearing for the State has opposed
the prayer for grant of ad-interim bail.
I have heard learned counsel for the parties and perused entire record
carefully.
Having considered the aforesaid contention of the parties and considering
further that the other co-accused persons have already been enlarged on bail by
the Co-ordinate Bench of this Court vide order dated 29/08/2022 in CRA No.
1268/2022, I am, therefore, inclined to enlarge the Appellant on ad-interim bail
pending decision of this application, marked as I.A.No.1/2022.
Accordingly, the oral prayer made by learned counsel for the Appellant for
grant of ad-interim bail is allowed and the jail sentence imposed upon him is
hereby suspended pending decision of the said application (I.A.No.1/2022) with a
direction that the Appellant shall furnish a personal bond in a sum of Rs.25,000/-
with one surety in like sum to the satisfaction of the concerned trial Court in this
regard.
Let the matter be listed for consideration on I.A.No.1/2022 on 21.11.2022.
Certified copy today itself.
Sd/-
(Sanjay S. Agrawal)
Judge
sunita
