Aashu @ Aavesh Tripathi And ... vs State Of Chhattisgarh
2023 Latest Caselaw 290 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                  CRA No. 1162 of 2015

 1. Aashu @ Aavesh Tripathi, S/o Vimlesh Tripathi, Aged About 21 Years, R/o Sector-
    5/852/A Balco Nagar Police Station- Balco Nagar, District- Korba Chhattisgarh.

 2. Pawan Prajapati @ Saarthi, S/o Santosh @ Radheshyam, Aged About 20 Years,
    R/o Village Maria, Police Station Masturi, District- Bilaspur Chhattisgarh.

                                                                           ---- Appellants

                                          Versus

   State of Chhattisgarh Through- SHO Police Station- AJK, District- Korba
    Chhattisgarh.

                                                                           ---- Respondent

13/01/2023 Ms. Indira Tripathi, Counsel for appellant No. 1.

Ms. Seema Singh, advocate for appellant No.2 through Legal Aid.

Mr. Ali Asgar, Dy. A.G. for the State.

Heard on I.A. No. 03/2022, which is a repeat application for suspension of sentence and grant of bail to the appellant No. 1- Aashu @ Aavesh Tripathi.

First bail application of the appellant No. 1 for suspension of sentence and grant of bail has been rejected by this Court on 04.05.2016 & 15.01.2019.

By the impugned judgment dated 27.08.2015 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, District- Korba (C.G.) in Special Sessions Trial No. 15/2013, the appellants have been convicted and sentenced as under:-

Conviction Sentence

U/s 302/34 of IPC Life imprisonment and to pay fine amount of Rs.5000/- in default of payment of fine to further undergo R.I. for one year

U/s 201 of IPC R.I. for 3 years and to pay fine amount of Rs.2000/- in default of payment of fine to further undergo R.I. for six months

(both the sentences to run concurrently)

Learned counsel for the appellant No.1- Aashu @ Aavesh Tripathi submits that the appellant has been falsely implicated in this case. She submits that the appellant is in jail since 19.12.2012 and has already completed more than half of his sentence and he will not misuse the liberty. She further submits that similarly placed co-accused i.e. appellant No.2- Pawan Prajapati @ Saarthi has been granted bail by this Court vide order dated 06.01.2023 and disposal of appeal may likely to take some time, therefore, the appellant No.1 may be released on bail.

On the other hand, learned counsel for the State opposes the prayer for bail.

Having heard the contentions put forth on either sides and taking into consideration the recent observations made by Hon'ble Supreme Court in the case of Sonadhar Vs. State of Chhattisgarh decided on 06.10.2021 and also considering the fact in particular, more than half of the sentence has been completed by the appellant No.1 and disposal of this appeal is likely to take some time, we are of the considered opinion that only on the ground of the period of custody undergone, the appellant No.1 deserves to be released on bail.

Accordingly, the application (I.A. No.03/2022) is allowed.

It is directed that the substantive sentence of the appellant No.1-Aashu @ Aavesh Tripathi shall remain suspended during the pendency of the appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the trial Court for his appearance before the trial Court on 16th February, 2023 and on all further dates to be provided by the trial Court till the disposal of the appeal.

List this appeal for final hearing in due course.

                    Sd/-                                    Sd/-
              (Rajani Dubey)                        (Narendra Kumar Vyas)
                   Judge                                     Judge




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