Abdul Karim @ Karim vs State Of Chhattisgarh
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Chattisgarh High Court

Abdul Karim @ Karim vs State Of Chhattisgarh on 27 June, 2024

                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        Order Sheet

                                     CRA No. 963 of 2024

  • Abdul Karim @ Karim Son Of Safique Ansari Aged About 20 Years Resident Of
    Village Narayanpur, Pandopara, Police Station Ramanujganj, District - Surajpur,
    Chhattisgarh.

                                                                             ---- Appellant

                                             Versus

  • State Of Chhattisgarh Through Station House Officer, Police Of Police Station,
    Ramanujnagar, District - Surajpur, Chhattisgarh.

                                                                         1. ----Respondent

27/06/2024 Heard Mr. Anil Kumar Gulati, learned counsel for appellant. Also

heard Mrs. Smita Jha, 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.

On 24.05.2024, the Registry was directed to issue notice to the

complainant/victim, though served, however none appearance, nor is any

representation made on behalf of the complainant/victim to object this

application for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated

15.05.2024, learned Special Judge SC and ST (Prevention of Atrocities)

Act Surajpur, District Surajpur (C.G.) in Special case No. 37/2021, has convicted and sentenced the Appellant as under:-

               Conviction                            Sentence

 354B of Indian Penal Code              R.I. for 03 years with ine of Rs.
                                        500/- in default of which additional
                                        R.I. for one month.

 323 of Indian Penal Code               R.I. for 03 months with ine of Rs.
                                        500/- in default of which additional
                                        R.I. for one month.

 3 (1)(w)(ii) of SC/ST Act              R.I. for 01 year with ine of Rs. 500/-
                                        in default of which additional R.I. for
                                        one month.

                                        All  the      sentence      will   run
                                        concurrently.

Learned Counsel for Convict/Appellant has argued that the maximum

sentence which has been awarded to the appellant is of three years. He

submits that during the trial, the appellant was on bail and even after

pronouncement of judgment impugned, he has been granted bail till

12.06.2024. The appeal is likely to take sometime for its inal disposal,

therefore he may be released on bail.

On the other hand, learned State Counsel opposes the bail

application.

Considering the totality of the facts, in particular the short sentence

awarded to the appellant, without further commencing 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 02.09.2024.

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