Chattisgarh High Court
Kanhaiya @ Narendra Patel vs State Of Chhattisgarh on 30 January, 2025
1/5
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1559 of 2024
1 - Kanhaiya @ Narendra Patel S/o. Shri Raghuwar Patel Aged About 32 Years
Profession Agriculture, R/o. Village - Timarlaga, P.S. Sarangarh, District -
Sarangarh-Bilaigarh (C.G.)
2 - Haricharan Patel S/o. Late Sitaram Patel Aged About 44 Years Profession
Agriculture, R/o. Village - Timarlaga, P.S. Sarangarh, District - Sarangarh-
Bilaigarh (C.G.)
3 - Loknath Patel S/o. Shri Ramlal Patel Aged About 41 Years Profession
Agriculture, R/o. Village - Timarlaga, P.S. Sarangarh, District - Sarangarh-
Bilaigarh (C.G.)
4 - Lalsay Nishad @ Lalu S/o. Shri Jalandhar Nishad Aged About 25 Years
Profession Labor, R/o. Village - Timarlaga, P.S. Sarangarh, District - Sarangarh-
Bilaigarh (C.G.)
.... Appellants
versus
State Of Chhattisgarh Through The P.S. Sarangarh, District - Sarangarh-
Bilaigarh (C.G.)
... Respondent
(Cause title taken from Case Information System)
Order Sheet
30/01/2025 Mr. T.K. Jha, counsel for the appellant.
Mr. Vivek Sharma, Panel Lawyer for the State / respondent.
Heard on I.A. No.1/2024, which is an application under
Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for
suspension of sentence and for grant of bail to the appellant during
pendency of the appeal.
By the impugned judgment of conviction and order of
sentence dated 13.08.2024 passed by Special Judge
[Scheduled Caste & Scheduled Tribe (prevention of atritocities_
Act ] Raigarh, District Raigarh in Special Criminal Case under
the Atrocities Act No. 31/2019, each of the appellants has been
convicted and sentenced as under :-
S.No. Conviction Sentence
01. U/s. 147 of Indian R.I. for 1 year (05 times).
Penal Code, 1860
02. U/s. 353 read with R.I. for 1 year (five times)
Section 149 of IPC
03. U/s. 332 read with R.I. for 02 years (05
Section 149 of IPC times)
04. U/s. 341 read with Fine of Rs.100/- (05 times)
Section 149 of IPC and in default of payment
of fine, to undergo
additional RI for 1 day.
05. Under Section 307 RI for 10 years with fine of
read with Section Rs.10,000/-, in default of
149 of I.P.C. [In payment of fine, to further
respect of undergo additional RI for 6
complainant - months.
Mayank
Chaturvedi]
Learned counsel for the appellants submits that the
appellants were on bail during trial and they never misused the
liberty granted to them during the trial period. The appellants
have been convicted merely on the basis of identification of
appellants namely Haricharan Patel, Loknath Patel & Laalsai
Nishad, which was carried out after about three months of the
incident, that too, by person, who is not the victim in instant case
and the identification has not been got done by the victim and
the main accused namely Amrit Patel has died. It is submitted
that the appellants are labourer, therefore, he prays that
application for suspension of sentence of the appellant may be
allowed and sentence may be suspended till the decision of this
appeal.
On the other hand, counsel for the State while opposing
the submission made by counsel for the appellants submits that
the appellants were actively involved in the instant case, as
Rakesh Verma (PW-3), who was present on the spot at the time
of incident, has identified three appellants namely Haricharan
Patel, Loknath Patel & Laalsai Nishad, therefore, application for
suspension of sentence and grant of bail to the appellants is
rejected.
I have heard learned counsel for the parties and perused
the record of the trial Court carefully.
Having considered the nature & gravity of the offence,
particularly considering the fact that appellants had allegedly
assaulted the Govt. official while performing his duty and the
victim has identified some of the accused persons alongwith
present appellants, which is also supported by deposition of
Rakesh Verma (PW-3), therefore, I am not inclined to suspend
the jail sentence of the appellants, at this stage.
In view of above, I.A. No.1/2024, application for
suspension of sentence and grant of bail to the appellant is
rejected.
Certified copy, as per rules.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit
AMIT AMIT KUMAR
KUMAR DUBEY
Date: 2025.02.04
DUBEY 11:37:24 +0530
