Chattisgarh High Court
Harish Kumar @ Harsu Chandra vs State Of Chhattisgarh on 28 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
RUKHSAR
BANO
Digitally signed by
CRA No. 1838 of 2024
RUKHSAR BANO
Date: 2025.01.29
10:46:28 +0530
1 - Harish Kumar @ Harsu Chandra S/o Shri Suresh Cahndra Aged About 28
Years R/o Gautiyapara, Kosir, Police Station Kosir, District Sarangarh-Bilaigarh
(C.G.)
2 - Ajay Kumar @ Bittu Chandra S/o Shri Khemraj Chandra Aged About 29 Years
R/o Gautiyapara, Kosir, Police Station - Kosir, District Sarangarh-Bilaigarh (C.G.)
3 - Prakash Yadav @ Vicky Yadav S/o Shri Ramakant Yadav Aged About 27
Years R/o Mandir Chowk, Kosir, Police Station - Kosir, District Sarangarh-
Bilaigarh (C.G.) ... Appellants
versus
1 - State Of Chhattisgarh Through - The Station House Officer, Police Station -
Kosir, District Sarangarh-Bilaigarh (C.G.) ... Respondent
(Cause title, as taken from Case Information System)
Order Sheet
28/01/2025 Mr. Dashrath Kushwaha, counsel for the appellants.
Mr. Jitendra Shrivastava, G.A. for the State/respondent.
Heard.
Issue notice to the State/respondent.
Learned State counsel accepts notice on behalf of the
State/respondent, hence, issuance of notice to it, is dispensed with.
Also heard on I.A. No.01/2024, application for suspension of
sentence and grant of bail to the appellants.
By the impugned judgment of conviction and order of sentence
dated 30.9.2024 passed by the learned Special Judge {SC & ST
(Prevention of Atrocities) Act} Raigarh, District Raigarh (C.G.) in Special
Criminal Case under the Atrocities Act /24 /2023, the appellants have
been convicted and sentenced as under :-
Sl. Conviction under Jail Sentence Fine Default
No. Section Sentence Stipulation
01. 294, IPC R.I. for 1 month -- --
02. 506, IPC R.I. for 6 months Rs.3000/- R.I. for 06
days
03. 323, IPC R.I. for 6 months Rs.1000/- R.I. for 02
days
04. 3 (2) (V क), SC & R.I. for 6 months Rs.5000/- R.I. for 10
ST (Prevention days
of Atrocities) Act,
All the jail sentences are directed to be run concurrently.
Learned counsel for the appellants would submit that maximum
sentence awarded to the appellants is 6 months and all the sentences
are directed to be run concurrently. He would further submit that the
appellants have a good case in appeal, aforesaid fine amount has
already been deposited and sentence has also been suspended by the
Trial Court. He further submits that during trial, appellants were on bail
and never misused the same, therefore, he prays that application for
suspension of sentence of the appellants may be allowed and sentence
may be suspended till the decision of this appeal.
Per contra, learned State counsel opposes the application for
suspension of sentence and grant of bail to the appellants.
Notice issued to the victim/complainant has been reported to be
served, but neither he appeared in person nor represented by any
counsel.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration the material available on record,
particularly the short sentence, i.e., 6 months imposed upon the
appellants, I feel inclined to allow the application for suspension of
sentence and grant of bail to the appellants.
In view of above, I.A. No.01/2024, application for suspension of
sentence and grant of bail to the appellants is allowed.
The substantive jail sentence imposed upon the appellants by
the learned trial Court is hereby suspended. They shall be released on
bail on each of their executing a personal bond in the sum of
Rs.15,000/- with one surety each of the like amount to the satisfaction
of the concerned trial Court for their appearance before the Registry of
this Court on 03.3.2025. 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 matter for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Rukhsar
