Chattisgarh High Court
Hori Singh vs State Of Chhattisgarh on 19 June, 2024
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order Sheet
CRA No. 1074 of 2024
1. Hori Singh S/o Gajrup Singh Aged About 60 Years R/o Village Bandhwatola Kudri P.S.
Pendra, District : Gaurela-Pendra-Marwahi, Chhattisgarh
2. Rajendra Singh @ Rajnu S/o Hori Singh Aged About 21 Years R/o Village Bandhwatola
Kudri P.S. Pendra, District : Gaurela-Pendra-Marwahi, Chhattisgarh
3. Fulbasiya Bai W/o Hori Singh Aged About 50 Years R/o Village Bandhwatola Kudri P.S.
Pendra, District : Gaurela-Pendra-Marwahi, Chhattisgarh
---- Petitioner
Versus
State Of Chhattisgarh Through Station House Officer Police Station Pendra (Wrongly
Mention As P.S. Gaurela At Annexure A - 1), District : Gaurela-Pendra-Marwahi,
Chhattisgarh
---- Respondent
19/06/2024 Heard Mr. Vijay Shankar Mishra, learned counsel for the
appellants and Mr. Arpit Agrawal, learned Panel Lawyer, appearing
for the State / respondent on the instant application for suspension
of sentence and grant of bail (I.A. No. 1 of 2024).
By the impugned judgment of conviction and order of sentence
dated 08.05.2024, learned Additional Sessions Judge, Pendra
Road, District- Bilaspur (C.G.) in Session Trial No. 09/2022, has
convicted and sentenced the appellants as under:-
Conviction under Sections Sentence
Under Section 325 read with R.I. for 1 year to each accused
Section 34 of Indian Penal (2 times) with fine of Rs.
Code 1000/- in default of which
additional R.I. for 1 month to
each appellant.
Learned Counsel for the convicts/appellant has argued that
the appellant has been falsely implicated in the present case and
there is no eye witness but the family members of the victim have
tried to prove themselves as eye witnesses just to implicate the
appellants due to enmity. He has further argued that there was
delay in lodging the complaint and registering the FIR. Also, the
actual time of the incidents were not known.
An objection has been filed on behalf of the
State/respondent.
I have heard learned counsels appearing for the parties.
Considering the totality of the facts, in particular the short
sentence awarded to the appellant and he has not misused the
liberty granted by the concerned Court, and the nature of incident
and act of the appellants without further commenting on other
merits of the case, I am of this opinion that present is a fit case to
suspend the jail sentence imposed upon the appellant.
Accordingly, the substantive jail sentence imposed upon the
Appellants by the learned Trial Court is hereby suspended. The
Appellants shall be released on bail on his executing a bail bond of
Rs. 5,000/- with one surety in the like amount to the satisfaction of
the concerned Trial Court for his appearance before the Registry
of this Court on 20.08.2024. Thereafter, he shall appear before the
concerned Trial Court on a date to be given by the Registry of this
Court and shall continue to appear there on all such subsequent
dates as are given to him by the said Court, interval being not less
than 6 months, till final disposal of this appeal.
Consequently, I.A. No. 01/2024 stands allowed.
Call for the records from the concerned Trial Court.
List this case for final hearing in due course.
Sd/-
(Arvind Kumar Verma)
Judge
Madhurima
