Bajrang Lal Sen vs State Of Chhattisgarh
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Chattisgarh High Court

Bajrang Lal Sen vs State Of Chhattisgarh on 21 February, 2025

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                                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                            CRA No. 289 of 2025

                              1 - Bajrang Lal Sen son of late Ganpat Sen, aged about 60 years, R/o Ward No. 12,
                              Main Road, Saraipali, District Mahasamund (C.G.)
                                                                                              ... Appellant (s)
                                                                    versus
                              1 - State Of Chhattisgarh Through Station House Officer P.S. Saraipali, District
                              Mahasamund (C.G.).
                                                                                            ... Respondent(s)

21/02/2025 Shri Harishankar Patel, counsel for the appellant.

Shri G.L. Uike, P.L. for the State.

Notice issued to the victim/complainant is awaited.

On behalf of victim/complainant Dr. Shiv Kumar Shrivastava, Advocate is appointed as Amicus Curiae.

Heard on I.A. No.2 of 2025, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 21/01/2025, passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Mahasamund (C.G.) in Special Criminal Case No H-03/2023, the appellant stands convicted and sentenced as under :-

NARESH by NARESH KUMAR KAMDE KUMAR Date:

KAMDE 2025.02.25 17:50:14 +0530

Conviction Sentence

Under Section 3(1) R.I. for 2 years and fine of Rs.2,000/- in default of fine

(r) of Scheduled Additional imprisonment for 2 Caste & Scheduled months.

Tribe (Prevention of Atrocities) Act, 1989

Under Section 3(1) R.I. for 1 year and fine of Rs.3,000/- in default of fine

(s) of Scheduled Additional imprisonment for 3 Caste & Scheduled months.

Tribe (Prevention of Both the sentences have been Atrocities) Act, 1989 directed to run concurrently.

Considering the maximum sentence awarded to the appellant i.e. two years R.I. and he was on bail during trial, he did not misuse the liberty so granted and disposal of this appeal is likely to take some time, without further commenting on merit, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No.2 of 2025) is allowed. It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one surety to the satisfaction of the concerned trial Court. He shall appear before the Registry of this Court on 09/04/2025 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial

Court on all such dates as are given to him by the said Court, till disposal of this appeal.

List this appeal for final hearing.

Sd/-

(Arvind Kumar Verma) Judge Kamde