Rampyare Singh Gond vs The State Of Chhattisgarh
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Chattisgarh High Court

Rampyare Singh Gond vs The State Of Chhattisgarh on 13 February, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR



                                CRR No. 212 of 2025


1 - Rampyare Singh Gond S/o Ramdev Gond Aged About 35 Years R/o Village- Baser,
P.S.- Charcha, Tahsil Baikunthpur, District Koriya, Chhattisgarh.
                                                                    ... Applicant


                                         versus


1 - The State Of Chhattisgarh Through P.S. Baikunthpur, District Koriya, Chhattisgarh.
                                                                      ... Respondent(s)

Order Sheet

13/02/2025 Mr. Aman Kesharwani, Counsel for the applicant.

Ms. Vaishali Mahilong, Panel Lawyer for the State.

Heard on admission as well as I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment and conviction dated 26.10.2024 passed by the learned Additional Sessions Judge, Baikunthpur, District- Korea, C.G. in Criminal Appeal No. 41/2024 arising out of judgment and conviction dated 20.03.2024 passed by the learned Chief Judicial Magistrate, Bainkunthpur, District- Korea in Criminal Case No. 134/2019 has convicted the applicant as under:

        Conviction                    Sentence
U/s 294 of IPC               Fine of Rs. 200/- and in
                             default of fine imp for 10
                             days
U/s 506-II of IPC            SI for 5 months and fine of
                             Rs. 300/-, in default of fine
                             imp for 20 days
U/s 324 of IPC               SI for 6 months and fine of
                             Rs. 300/-, in default of fine
                             imp for 20 days.
U/s 323 of IPC               SI for 5 months and fine of
                             Rs. 300/-, in default of fine
                             imp for 20 days.

Learned Counsel for the Applicant contended that the applicant has prima facie good case in his favor and he is hopeful to succeed on it. The applicant was on bail during trial. The disposal of this Criminal Revision is likely to take long time. The applicant is ready to abide all the terms and conditions which may be

imposed by this Hon'ble Court while suspending the jail sentence of the applicant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned Counsel for the parties and perused the record with utmost circumspection.

Considering the totality of the facts, in particular the short sentence awarded to the applicant and he has not misused the liberty granted by the concerned Court and the period of detention without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the Applicant by the learned Trial Court is hereby suspended. The Applicant by the learned Trial Court is hereby suspended. The applicant shall be released on bail on his executing a bail bond of Rs. 25,000/- 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 05.03.2025. 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 Trial Court, till final disposal of this appeal.

Consequently, I.A. No. 01/2025 stands allowed. Admit.

Call for the records from the concerned Trial Court.

List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima