Lakhan Ram vs State Of Chhattisgarh
2023 Latest Caselaw 805 Chatt

                                                                                NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR
                               CRA No. 209 of 2023
 1. Lakhan Ram S/o Late Moti Ram Aged About 65 Years R/o Village Champajhar
    (Satharpara) Police Station Patna, District : Koriya (Baikunthpur), Chhattisgarh
 2. Sarita W/o Rakesh Aged About 36 Years R/o Village Champajhar (Satharpara)
    Police Station Patna, District : Koriya (Baikunthpur), Chhattisgarh
                                                                       ---- Appellants
                                      Versus
    State of Chhattisgarh Through Police Station Ajak Baikunthpur, District : Koriya
    (Baikunthpur), Chhattisgarh



                                                                      ---- Respondent

08/02/2023 Mr. F.S. Khare, Advocate for the appellants.

Ms. Abhyunnati Singh, PL for the State.

Heard on application (I.A. No. 01/2023) for suspension of sentence and grant of bail to the appellant.

By the impugned Judgment dated 09.01.2023 passed by learned Special Judge (Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Baikunthpur, District Koriya (CG) in Special Criminal Case No. 43 of 2019, the appellants stand convicted and sentenced as under:

                       Conviction                          Sentence
              U/s. 323 IPC                   RI for 3-3 months with fine of Rs. 500/-
                                             in default of payment of fine additional
                                             SI for 15 days each of the appellants.
              U/s. 3(2) (va)        of   the RI for 6-6 months with fine of Rs. 500/-
              Atrocities Act.                in default of payment of fine additional
                                             SI for 15 days each of the appellants.

Learned counsel for the appellants submit that the trial Court without considering the evidence, material on record has convicted the appellants under the Atrocities Act. He would further submits that the appellants were on bail during the trial and after conviction, the appellants has been granted interim bail up to 10.02.2023 whereas they have been awarded short sentence of 6 months and they did not misuse the liberty granted to them,therefore, application filed under Section 389(2) for suspension of sentence and grant of bail may be considered.

On the other hand, learned State Counsel opposes application filed under Section 389(2) CrPC for suspension of sentence and grant of bail.

I have heard learned counsel for the parties. Considering the facts and circumstances of the case, particularly considering the short sentence awarded to the appellants and fine amount have already been deposited by them and final hearing of this appeal is likely to take considerable time, hence, I feel inclined to allow I.A. No.01/2022.

Accordingly, the application is allowed. It is directed that the substantive jail sentence imposed upon the appellants shall remain suspended during the pendency of this Appeal and they shall be released on bail on their furnishing a personal bond for a sum of Rs. 25,000/- each of the appellants with one surety for the like sum to the satisfaction of the Trial Court for their appearance before the Registry of this Court on 16.03.2023, they shall thereafter continue to appear before the Registry of this Court on all such subsequent dates as are are given to them by the Registry of this Court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge santosh