Citation : 2025 Latest Caselaw 2884 Chatt
Judgement Date : 22 August, 2025
1
Digitally
signed by
ANKIT
ANKIT KUMAR
KUMAR SINGH
SINGH Date:
2025.08.22
15:48:42
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 646 of 2025
1. Raj @ Vikram S/o Shri Nanhu Dewar, aged about 21 years;
2. Vickey S/o Shri Sanju Dewar, aged about 21 years
Both R/o Bada Bazar Tikrapara P/S Chirmiri District Koriya,
C.G.
versus
1. State of Chhattisgarh, through P/S Chirmiri District, Koriya,
Chhattisgarh.
Order Sheet
22/08/2025 Mr. Ajay Kumar Mishra, counsel for the
appellants.
Mr. Rahul Tamaskar, G.A. for the
State/respondent.
Heard on I.A. No.3, application for suspension of sentence and grant of bail.
By the impugned judgment dated 22.12.2018 passed by 2nd Additional Sessions Judge Manendragrah, District Koriya, in Sessions Trial No. 102/2012, the present appellants have been convicted for offence under Section 302/34 of the IPC and sentenced thereunder to undergo imprisonment for life and to pay fine of ₹5,000/-each; in default of payment of fine amount, the appellants have to undergo 6 months simple imprisonment.
Mr. Ajay Kumar Mishra, learned counsel for the
appellants, would submit that three co-accused persons namely Anoop, Raju and Firoz have already been acquitted by judgment of this Court dated 13.01.2025 passed in CRA No.358/2019 and the case of the present appellants is similar to that of co- accused persons who have already been acquitted by giving them benefit of doubt. He would further submit that the appellants are in jail since 30.06.2012, more than 13 years have been completed, and the final disposal of the appeal is likely to take time, therefore, the application may be allowed and the appellant may be released on bail.
Mr. Rahul Tamaskar, learned State Counsel, is not in a position to dispute the aforesaid fact.
Taking into consideration the fact that the learned State counsel is not in a position to dispute the fact raised by learned counsel for the appellants, as such, in our considered opinion, the case of the appellants is identical to that of the co-accused persons who have already been acquitted by judgment of this Court dated 13.01.2025 passed in CRA No.358/2019. Further considering the fact that the appellants are in jail since 30.06.2012 and the final disposal of the appeal is likely to take time, we are inclined to grant bail to appellants namely Raj @ Vikram and Vickey. Accordingly, application for suspension of sentence and grant of bail filed on
behalf of appellants is allowed.
The substantive jail sentence awarded to appellants, is suspended during the pendency of this appeal and they are directed to be released on bail on their furnishing a personal bond in the sum of ₹25,000/- each, along with one surety in the like sum to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 13th of October, 2025. They shall thereafter, appear before the 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, till the disposal of this appeal.
Learned counsel for the appellants would submit that the he has filed the certified copy of judgment dated 22.12.2018.
In view of the above, the Registry is directed to trace the certified copy of the judgment dated 22.12.2018 and brought on record. Accordingly, I.A. No.2, application for exemption for filing certified copy, stands disposed of.
Certified copy as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Sanjay Kumar Jaiswal)
Ankit Judge Judge
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