Tarun Hathel vs State Of Chhattisgarh
2025 Latest Caselaw 1551 Chatt

Citation : 2025 Latest Caselaw 1551 Chatt
Judgement Date : 30 January, 2025

Chattisgarh High Court

Tarun Hathel vs State Of Chhattisgarh on 30 January, 2025

                                       1




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRA No. 87 of 2025

1 - Tarun Hathel S/o Late Shri Papa Hathel Aged About 48 Years R/o Indira
Nagar Ward No. 6 Dongargarh Thana Dongargarh District - Rajnandgaon (C.G.)
2 - Arvind Hathel S/o Late Shri Papa Hathel Aged About 41 Years R/o Indira
Nagar Ward No. 6 Dongargarh Thana Dongargarh District - Rajnandgaon (C.G.)
3 - Gabbar @ Ajit Hathel S/o Late Papa Hathel Aged About 39 Years R/o Indira
Nagar Ward No. 6 Dongargarh Thana Dongargarh District - Rajnandgaon (C.G.)
4 - Sonam Sahu W/o Shri Ajay Kumar Sahu Aged About 34 Years R/o Misiya
Bada Ward No. 7, Dongargarh Thana Dongargarh District - Rajnandgaon (C.G.)
                                                                   ... Appellants
                                    versus
State Of Chhattisgarh Through The District Magistrate Rajnandgaon District -
Rajnandgaon (C.G.)
                                                               ... Respondent(s)

Order Sheet

30/01/2025 Mr. Sunil Sahu, counsel for the appellants.

Mr. Jitendra Shrivastava, Govt. Advocate for the State/ respondent.

Heard.

Admit.

Also heard on IA No.01/2025, application u/s. 430 of the BNSS for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence 09.01.2025 passed by the learned Upper Sessions

Judge, Dongargarh Distt. Rajnandgaon (CG) in Session Case No. 20/2023, the appellants have been convicted and sentenced in the following manner:-

Conviction Sentence Fine Default u/s.

306/34 IPC RI for 05 years Rs.1000/- SI for 01 year

Learned counsel for the appellants submits that the appellants have been convicted only on the basis of alleged suicidal note written by the deceased. But, the case of abetment to commit suicide by the appellants was not proved at all. He further submits that the appellants were on bail during trial and after passing of impugned judgment, they are in jail. He would further submit that as per the suicidal note itself, the deceased committed suicide on account of harassment meted out to him by the appellants because of demand of money by the appellants which was borrowed by his father. Such act cannot be considered to be abetment to commit suicide in the eye of law, therefore, their jail sentence may be suspended.

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 available on record and ground of conviction, which is said to be the suicidal note, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellants.

Accordingly IA No.01/2025 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 them executing a personal bond in

the sum of Rs.25,000/- 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 04.3.2025. 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.