Munmun Thakur vs State Of Chhattisgarh
2024 Latest Caselaw 63 Chatt

Chattisgarh High Court

Munmun Thakur vs State Of Chhattisgarh on 20 June, 2024

                                                                                NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 1094 of 2024

 Munmun Thakur S/o Shrikant Thakur Aged About 22 Years R/o Bapupara, Atal
  Awas, Ambikapur, Police Station- Ambikapur, District- Surguja ( C.G.).

                                                                         ---- Petitioner

                                       Versus

 State Of Chhattisgarh Through- The Station House Officer, Police Station, Adim
  Jati Kalyan Thana, Ambikapur, District- Surguja ( C.G.).

                                                                    ---- Respondent

20.06.2024 Mr. Amarnath Pandey, Counsel for the Appellant.

Mr. Arpit Agrawal, Panel Lawyer for the State.

Heard on admission as well as on I.A. No. 01/2024, an

application under Section 389 of Cr.P.C. for suspension of

sentence and grant of bail.

Admit.

By virtue of the impugned judgment of conviction and order

of sentence dated 15.05.2024, passed in Special

Sessions(Atrocities) Case no. 26/2021 by the learned Special

Sessions Judge (Atrocities), Surguja (Ambikapur) Chhattisgarh,

appellant has been convicted and sentenced as under:

Conviction Sentence

Under Section 325 of Indian RI for one year, fine of Rs.2,000/- Penal Code In default of payment further R.I. for

two months.

Learned Counsel appearing for the appellant submits that

the appellant was in jail from 21.04.2021 to 03.05.2021, while

passing the impugned judgment, the learned trial court has

suspended the jail sentence for limited period and the appellant

has a very good prima facie case and he is ready to furnish

adequate security also the appeal is likely to take some more

time to be finalized, therefore, it is prayed that his application (I.A.

No. 01/2024) may be allowed.

On the other hand, learned counsel appearing for the

State/Respondent has opposed the said application.

Having considered the facts and circumstances of the

case, the nature of offence and specially looking to the detention

period of the appellant, I am inclined to allow this application

without commenting anything on merits of the case.

Accordingly, I.A. No. 01/2024 is allowed. The appellant is

directed to be released on bail on his furnishing a personal bond of Rs. 5,000/- with one surety in the like amount to the

satisfaction of the concerned Trial Court . After being released on

bail, he shall appear before the Registry of this Court on

30.08.2024 and thereafter he shall continue to appear before the

Trial Court on a date to be given by the Registry on this behalf

and shall continue to appear there on all such subsequent dates

as are given by the said court till the disposal of this appeal.

In view of above, I.A. No. 01/2024 is allowed and stands

disposed of.

Call for the records from the concerned Trial Court.

List this case for final hearing in its due course.

Sd/-

(Arvind Kumar Verma) Judge

Alfiza