Chattisgarh High Court
Darwan Chelak @ Bobi vs State Of Chhattisgarh on 1 April, 2025
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order Sheet
CRA No. 604 of 2025
1 - Darwan Chelak @ Bobi S/o Shersingh Aged About 29 Years R/o Ward No. 04,
Satnami Para Sahaspur Lohara Police Station Sahaspur Lohara District - Kabirdham
(C.G.)
2 - Sourabh Satnami S/o Santosh Satnami Aged About 21 Years R/o Ward No. 04,
Satnami Para Sahaspur Lohara Police Station Sahaspur Lohara District - Kabirdham
(C.G.)
3 - Dani Chelak S/o Uday Singh Aged About 28 Years R/o Ward No. 04, Satnami Para
Sahaspur Lohara Police Station Sahaspur Lohara District - Kabirdham (C.G.)
4 - Durgesh Tandon S/o Mulsingh Aged About 22 Years R/o Ward No. 04, Satnami
Para Sahaspur Lohara Police Station Sahaspur Lohara District - Kabirdham (C.G.)
... appellants(s)
versus
1 - State Of Chhattisgarh Through Police Station Sahaspur Lohara District- Kabirdham
(C.G.) ---Respondent
01/04/2024 Heard Mr. Praveen Dhurandar, learned counsel for appellants.
Also heard Mr. Vivek Sharma, learned Panel Lawyer appearing for
Respondent-State and Mr. Ankit Singh, learned counsel for
respondent-complainant on the instant application for suspension of
sentence and grant of bail i.e. I.A. No. 1 of 2025.
By the impugned judgment of conviction and order of sentence
dated 11.03.2025 (Annexure A-1), learned Sessions Judge,
Kabirdham (Kawardha), District Kabirdham (C.G.) in S.T. No.
64/2023, has convicted and sentenced the appellants as under:-
Conviction u/S Sentence
294 of Indian Penal Code Fine amount of Rs. 500/- in default
of payment of fine amount further
imprisonment of 07 days to all the
appellantss
323/34 of Indian Penal Code R.I. for 1 month
323/34 of Indian Penal Code R.I. for 1 month
307/34 R.I. for 07 years with fine of Rs.
2000/- in default of which additional
R.I. for three months.
Sentences will run concurrently and fine amount has been deposited
Learned Counsel for Convict/appellantss has argued that there
are so many contradictions, omission and additions in the statement of
the prosecution witnesses. He submits that medical evidence of Doctor
PW-9, who found the injuries to injured Devki Kosle as simple and
Ishwar Kosle as simple in nature and in the MLC of Munna, the
grievousness of the injured was not described. He is in jail since
11.03.2025. The appeal is likely to take sometime for its final disposal,
therefore he may be released on bail.
On the other hand, learned State Counsel opposes the bail
application.
Considering the facts and circumstances of the case, particularly
the fact that there is no cogent evidence against the appellants and
looking to the injury caused to the Munna Kosle as well as looking to
the statement and CT Scan report in which there is no fracture in the
head of Munna Kosle, without further commenting on merits, I am of
the opinion that present is a fit case to suspend the jail sentence
imposed upon the appellants.
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 their executing bail bond of
Rs.10,000/- with one surety to each appellants in the like amount to
the satisfaction of the concerned Trial Court for their appearance
before the Registry of this Court on 08.05.2025. Thereafter, they 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 them by the said Court, interval
being not less than 6 months, till final disposal of this appeal.
Consequently, IA No.1 of 2025 stands allowed.
List this matter for final hearing in due course.
Sd/-
(Arvind Kumar Verma)
Judge
Jyoti
