Chattisgarh High Court
Kumar Thakur vs State Of Chhattisgarh on 20 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1248 of 2024
1 - Kumar Thakur S/o. Shrilal Aged About 35 Years R/o. Village- Jamher, Thana-
Pithora, Distt.- Mahasamund (C.G.)
2 - Netram Sahu S/o. Dhaniram Sahu Aged About 29 Years R/o. Churupali,
Thana- Tendukona, Distt.-Mahasamund (C.G.)
3 - Biharilal Kashyap S/o. Mohan Lal Kashyap Aged About 29 Years R/o. Ward
No. 1, Naila Bhatapara, Thana-Naila, Distt.- Janjgir (C.G.)
4 - Kusal Dhruv S/o. Loknath Dhruv Aged About 25 Years R/o. Village-Mokha,
Thana- Komakhan, Distt.-Mahasamund (C.G.)
... Appellant(s)
versus
State Of Chhattisgarh Through- Police Station- Patewa, Distt- Mahasamund
(C.G.)
... Respondent(s)
Order on Board
20/01/2025 Mr. Dheerendra Pandey, Advocate on behalf of Mr. Deepak
Kumar Jain, counsel for the appellants.
Ms. Sunita Manikpuri, Dy. Govt. Advocate for the State/
respondent.
Heard.
Admit.
Also heard on IA No.01/2024, application for suspension of
sentence and grant of bail.
By the impugned judgment of conviction and order of
BINI PRADEEP
PRADEEP Date:
2025.01.21
12:01:58 +0530
sentence 25.6.2024 passed by the learned Principal Sessions
Judge, Mahasamund (CG) in Session Case No. H-31/2022, each
appellants have been convicted and sentenced in the following
manner:-
Conviction u/s. Sentence
120 B IPC RI for 01 year
392 IPC RI for 05 years with fine of Rs.1000/-;
in default RI for 03 months
398 IPC RI for 07 years
All the above sentences were directed to run concurrently.
Learned counsel for the appellants submits that the
appellants have been convicted in the instant case without any
cogent evidence and only on the basis of illegal evidence. He
further submits that identification of the appellants as miscreants
of the instant crime has not been established by the prosecution.
Except some money, no any incriminating article has been seized
from the appellants. They were on bail during trial and have
never misused the liberty granted to them. He would further
submit that the appellants have a good case to get success in this
appeal, hence, they may be released on bail.
On the other hand, learned counsel for the State opposes
the bail application.
Heard learned counsel for the parties and perused the
record.
Having considered the evidence, particularly considering
the fact that FIR was lodged against unknown persons and the
victim has not identified the miscreants of the crime and further
considering the nature and quality of identification parade, I feel
inclined to allow the application for suspension of sentence and
grant of bail to the appellants.
Accordingly IA No.01/2024 is allowed.
The substantive 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 21.02.2025. 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
