Chattisgarh High Court
Devendra Sahu vs State Of Chhattisgarh on 16 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1880 of 2024
1 - Devendra Sahu S/o Ashok Sahu Aged About 34 Years Resident Of Village
Sindhouri P.S. Rajim District - Gariyaband (C.G.)
2 - Uttam Sahu S/o Baldau Sahu Aged About 46 Years Resident Of Village
Sindhori P.S. Rajim District -Gariyaband (C.G.)
3 - Parmeshwar Yadav S/o Ram Singh Yadav Aged About 34 Years Resident Of
Village Sindhouri P.S. Rajim District - Gariyaband (C.G.)
4 - Gajadhar Yadav S/o Banshiram Yadav Aged About 34 Years Resident Of
Village Sindhouri P.S. Rajim District - Gariyaband (C.G.)
... Appellant(s)
versus
State Of Chhattisgarh Through Police Of Police Station Rajim District -
Gariyaband (C.G.)
... Respondent(s)
Order Sheet
16/01/2025 Mr. Raghavendra Pradhan, counsel for the appellants.
Ms. Anuradha Jain, Panel Lawyer for the State/
respondents.
Heard on IA No.01/2024, application for suspension of
sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 07.10.2024 passed by Special Judge under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'the Atrocities Act') Raipur (CG) in
BINI PRADEEP
PRADEEP Date:
2025.01.17
11:14:25 +0530
Special Criminal Case No.60/2023, the appellants have been
convicted and sentenced in the following manner with a direction
to run the sentences concurrently:-
Conviction u/s Sentence Fine Default
294 IPC RI for 03 Rs.500/- RI for 01
months month
323/34 IPC RI for 06 Rs.1000/- RI for 02
months
months
3(1)(r) of the RI for 01 Rs.1000/- RI for 02
months
Atrocities Act year
3(1)(s) of the RI for 01 Rs.1000/- RI for 02
months
Atrocities Act year
3(2)(va) RI for 01 Rs.1000/- RI for 02
months
Atrocities Act year
Learned counsel for the appellants submits that though the
appellants have been convicted for five offences, but maximum
sentence awarded to them are one year and the jail sentences
are directed to be run concurrently. He further submits that the
appellants were on bail during trial and after conviction, their jail
sentences were suspended by the Special Judge. But vide Order
dated 13.11.2024, Coordinate Bench has directed the appellants
to surrender before the concerned trial Court and that order was
challenged by the appellants before the Hon'ble Apex Court by
filing Special Leave Petition (Criminal) Diary No(s).56141/2024
and vide Order dated 06.12.2024, the Apex Court has granted
exemption to the appellants from surrendering till the first date of
listing the matter before the Court. Subsequently, in Petition(s)
for Special Leave to Appeal (Crl.) No.(s) 173/2025, the Apex
Court vide Order dated 10.01.2025, exemption from surrendering
granted in favour of the petitioners, has been extended until
further orders. As such, the appellants are out of judicial custody.
He would further submits that since the appellants have been
imposed short sentences and all the sentences are directed to be
run concurrently and further, the appellants have good case to get
success in this appeal, therefore, jail sentences awarded to the
appellants may be suspended till final disposal of this appeal.
Learned counsel for the State raises formal objection in
respect of the application for suspension of sentence and grant of
bail to the appellants.
Heard learned counsel for the parties and perused the
record.
Though aforesaid SLP is pending consideration before the
Apex Court till date, but, the matter pertains to suspension of
sentence to the appellants and their liberty, therefore, suspension
application is being disposed of.
Having considered the jail sentences awarded to the
appellants, i.e. maximum one year and direction to run all the
sentences concurrently and further the appellants were said to be
on bail during trial and they have not misused the liberty granted
to them, hence, I feel inclined to allow the application for
suspension of sentence and grant of bail to the appellants.
In view of the above, IA No.01/2024 is allowed.
The substantiave jail sentences imposed upon the
appellants by the learned trial Court is hereby suspended. They
shall be released on bail on each of them executing a personal
bond in the sum of Rs.25,000/- with one surety of the like amount
to the satisfaction of the concerned trial Court for their
appearance before the Registry of this Court on 18.02.2025. They
shall thereafter 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.
List this case for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini
