Citation : 2025 Latest Caselaw 2046 Chatt
Judgement Date : 20 February, 2025
1/4
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 363 of 2025
1 - Shashikant Shukla @ Pappi S/o Vijay Kumar Shukla Aged About 41 Years R/o
Village Hasaud, P.S. Hasaud, District- Janjgir- Champa ( C.G. ).
2 - Rajnikant Shukla S/o Vijay Kumar Shukla Aged About 42 Years R/o Village Hasaud,
P.S. Hasaud, District- Janjgir- Champa ( C.G. ).
... Appellants
versus
1 - State Of Chhattisgarh Through- Station House Officer, Police Station Navagarh,
District- Janjgir-Champa ( C.G. ).
... Respondent(s)
Order Sheet
20/02/2025 Mr. Shyam Kumar, Counsel for the appellants.
Ms. Sunita Manikpuri, Dy. G.A. for the State. Heard on I.A. No. 01/2025, an application for
suspension of sentence and grant of bail.
By the impugned judgment dated 07.01.2025 passed in Special Criminal (STSC) Case No. 47/2022 by the learned Special Judge (Atrocities) Janjgir- Champa (C.G.) convicted the appellants as under:
Conviction Sentence
U/s 294 of IPC Fine of Rs. 500/- each, in
default of fine, RI for 15
days to each appellant.
U/s 506(Part-II) of IPC RI of 6 months and fine of
Rs. 500/- to each
appellant, in default of fine
RI for 15 days to each
appellant.
U/s 25(1-b)(b) of Arms Act RI of 2 years to each appellant and fine of Rs.
500/- to each appellant, in default of fine RI for 15 days to each appellant.
Learned Counsel for the Appellants contended that the appellants have prima facie good case in their favor and they are hopeful to succeed on it. The appellants were on bail during trial. The disposal of this Criminal Appeal is likely to take long time. The appellants are ready to abide by all the terms and conditions which may be imposed by this Hon'ble Court
while suspending the jail sentence of the appellants.
Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the appellants which connects them 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 appellants and they have 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 Appellants by the learned Trial Court is hereby suspended. The appellants shall be released on bail on their executing a bail bond of Rs. 25,000/- by each appellant with one surety in the like amount to the satisfaction of the concerned Trial Court for their appearance before the Registry of this Court on 10.03.2025. 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 him
by the Trial Court, till final disposal of this appeal.
Consequently, I.A. No. 01/2025 stands allowed. Call for the records from the concerned Trial Court.
List this case for final hearing in due course.
Sd/-
(Arvind Kumar Verma) Judge
Madhurima
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