Dineshwar Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 409 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                   CRA No. 1994 of 2022
1.    Dineshwar Sahu, S/o Rajaram Sahu, Aged About 42 Years.
2.    Sunil Sahu @ Ramesh, S/o Dubraj Sahu, Aged About 27 Years.
3.    Rajesh Sahu, S/o Dineshwar Sahu, Aged About 26 Years.
4.    Rajaram Sahu, S/o Late Bahal Ram Sahu, Aged About 60 Years.
5.    Praveena Sahu @ Pramila, W/o Dineshwar Sahu, Aged About 41 Years.
      All are R/o Village- Chandarpur, Police Station- Surajpur, District- Surajpur (C.G.)
                                                                              ---- Appellants
                                           Versus
State of Chhattisgarh, Through Station House Officer, Police of Police Station- Ajak
Surajpur, District - Surajpur (C.G.)
                                                                      ---Respondent

19.01.2023 Mr. Anil Gulati, counsel for the appellants.

Mr. Praveen Shrivastava, Panel Lawyer for the State/respondent. Heard on application for suspension of sentence and grant of bail to the appellants.

By the impugned judgment dated 06.12.2022 passed by the learned Special Judge, Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act, Surajpur, District- Surajpur (C.G.) in Special Case No. 30/2021, the appellants stand convicted, as under:-

                    Conviction                                    Sentence
              U/s 147 of IPC            : R.I. for 6-6 months and fine of Rs. 200-200/- in

default of payment of fine additional R.I. for 1-1 month.

U/s 323/149 of IPC : R.I. for 2-2 months and fine of Rs. 200-200/- in default of payment of fine additional R.I. for 1-1 month.

U/s 294 of IPC : R.I. for 1-1 month and fine of Rs. 100-100/- in default of payment of fine additional R.I. for 1-1 month.

U/s 3(1)(/k) of SC/ST Act : R.I. for 6-6 months and fine of Rs. 200-200/- in r/w Section 149 of IPC default of payment of fine additional R.I. for 1-1 month.

(All sentences to run concurrently) Learned counsel for the appellants would submit that the appellants are innocents and have been falsely implicated in the case. He would further submit that the maximum sentences awarded to the appellants is six months and there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellants may be released on bail.

Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellants regarding commission of offence, therefore, the appellants are not entitled for grant of bail.

Considering the fact that the maximum sentence awarded to the appellants is six months, the fine amount has been deposited and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellants and release them on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellants shall remain suspended and they shall be released on bail on their executing a personal bond in sum of Rs. 25,000/- each with one surety each in the like sum to the satisfaction of trial Court for their appearance before the trial Court on 16th February, 2023 and shall continue to appear there on all such subsequent dates as are given to them by the said court till the disposal of this appeal.

List this appeal for final hearing in its chronological order.

Sd/-

(Narendra Kumar Vyas) Judge Arun