Rohit Singh Thakur vs State Of Chhattisgarh
2024 Latest Caselaw 183 Chatt

Chattisgarh High Court

Rohit Singh Thakur vs State Of Chhattisgarh on 25 June, 2024

                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                       Order Sheet

                                    CRA No. 101 of 2024

  • Rohit Singh Thakur S/o Shri Santosh Singh Thakur Aged About 33 Years R/o
    Sarkanda, Bilaspur, Presently Residing At H.I.G- 10, Sec- 8, Housing Board Colony,
    Police Station- Vidhansabha,, District : Raipur, Chhattisgarh

                                                                             ----Appellant

                                         Versus

  • State Of Chhattisgarh Through The Station House Officer, Police Station,
    Vidhansabha,, District : Raipur, Chhattisgarh

                                                                         ---Respondent

25/06/2024 Heard Mr. Dheerendra Pandey, learned counsel for appellant. Also

heard Ms. Sunita Sahu, learned Panel Lawyer, appearing for

Respondent-State, on the instant application for suspension of sentence

and grant of bail i.e. I.A. No. 1 of 2024.

By the impugned judgment of conviction and order of sentence dated

21.12.2023, learned Special Judge (Atrocity Act) at Raipur (C.G.) in

Session Case No. 07/2020, has convicted and sentenced the Appellant

as under:-

                          Conviction u/s                           Sentence

              306 of Indian Penal Code                R.I. for 10 years with ine of Rs.
                                                      1000/- in default of which additional
                                         R.I. for three months.

Learned Counsel for the convicts/appellant has argued that the

appellant has been falsely implicated in the present case and there is

no evidence on record to connect the appellant with commission of the

offence. Learned counsel for the appellant would submit that appellant

is in jail since the date of his arrest on 21.12.2023. He would further

submit that appeal may take some time for its final hearing, hence,

substantive jail sentence imposed upon the appellant may be

suspended and they he be released on bail

On the other hand, learned State Counsel opposes the bail

application.

Considering the totality of the facts and circumstances of the case,

particularly the fact that during the trial, the appellant was on bail and he

has not misused the liberty so granted to him, without further commenting

on merits, I am of the opinion that present is a it case to suspend the jail

sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the

Appellant by the learned Trial Court is hereby suspended. The Appellant

shall be released on bail on his executing a bail bond of Rs.10,000/- 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 30.08.2024.

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 inal disposal of this appeal.

Consequently, IA No.1 of 2024 stands allowed.

List this matter for inal hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti