Chattisgarh High Court
Narendra Singh @ Chotu Thakur vs State Of Chhattisgarh on 31 January, 2025
1
Digitally signed
by AVANISH
KUMAR HIGH COURT OF CHHATTISGARH AT BILASPUR
PATHAK
Date: 2025.02.04
11:49:23 +0530 CRA No. 1406 of 2024
1 - Dharmendra @ Raja Giri Goswami S/o Raja Giri Goswami Aged About 28
Years R/o Vinoba Nagar, Gali No- R/2, P/s- Tarbahar, District Bilaspur
Chhattisgarh.
2 - Deepak Yadav @ Deepu Yadav S/o Late Shyamu Yadav Aged About 20
Years R/o Vinoba Nagar, In Front Of Saraswati Shishu Mandir, P./s. Tarbahar,
District- Bilaspur Chhattisgarh.
--- Appellant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station- Civil
Line, District- Bilaspur Chhattisgarh.
--- Respondent
CRA No. 1747 of 2024
1 - Narendra Singh @ Chotu Thakur S/o Ramnarayan Singh Aged About 25
Years R/o New Constructon Colony, In Front Of Mahesh Sweets, Police Station
- Tarbahar, District - Bilaspur (C.G.)
---Appellant
Versus
1 - State Of Chhattisgarh Through Sho P.S.- Civil Line District - Bilaspur (C.G.)
--- Respondent
CRA No. 1865 of 2024
1 - Manish Chouhan Aged About 18 Years, 7 Months, S/o Late Laxminarayan
Chouhan, R/o Wireless Colony, Opposite Mico Vivo Office, Tarbahar, Police
Station - Tarbahar, District Bilaspur Chhattisgarh
---Appellant
Versus
2
1 - State Of Chhattisgarh Through Police Station - Civil Line District Bilaspur
Chhattisgarh
(Hon'ble Mr. Naresh Kumar Chandravanshi, J)
Order Sheet
31/01/2025 Since above three criminal appeals arise out of same
judgment, therefore, bail applications filed in these 3 appeals
are heard together and disposed of by this common order
Mr. K.K. Pandey, Adv. for appellant in CRA No.
1406/2024.
Mr. Alok Kumar Gupta, Adv. for appellant in CRA No.
1747/2024.
Mr. Rupesh Shrivastava, Adv. for appellant in CRA No.
1865/2024
Mr. Jitendra Shrivastava, Govt. Adv. for State.
Heard.
CRA No. 1406/2024 is admitted for hearing. Other two
appeals have been already admitted.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of
State/respondent, therefore, issuance of notice to it, is
dispensed with.
Also heard on I.A. No.1/2024, application for
3
suspension of sentence (in CRA No. 1406/2024 & CRA No.
1747/2024) and I.A. No. 2/2024 (in CRA No. 1865/2024)
under Section 430 of the Bhartiya Nagrik Suraksha Sanhita,
2023 and grant of bail to the appellants.
By the impugned judgment of conviction and order of
sentence dated 23-7-2024 passed by the learned 10th Upper
Sessions Judge, Bilaspur (C.G.) in S.T. No. 22/2022, each of
appellants have been convicted and sentenced as under :-
Sr. Conviction Sentence Fine Default
sentence stipulation
No
Rs.
.
01. 436/149 5 Years RI 2000/- 2 months
read with SI.
Section
511, IPC
02. 147, IPC 3 months SI 1000/- 2 months SI
Learned counsel for the appellants submits that FIR
was lodged against unknown persons. Even Test
Identification Parade has also not been carried out. The
appellants have been convicted only on the ground that, they
had entered into altercation with employees of Petrol Pump,
but the instant incident has occurred after about more than
one hour of the first incident. None of the witnesses have
identified the appellants for the incident happened in second
time. The appellants were on bail during trial and never
misused the same and aforesaid fine amount has already
been deposited by them. It is further submitted that appellants
have a good case on merit, therefore, they pray that
applications for suspension of sentences of the appellants
may be allowed and sentences may be suspended till the
decision of this appeal.
Per contra, learned State counsel opposes the
applications for suspension of sentence and grant of bail to
the appellants and submits that one hour prior, the appellants
entered into altercation with employees of petrol pump and
they had threatened them to teach a lesson, thereafter they
committed the instant offence, as such, the judgment is based
on cogent evidence, hence the bail applications may be
rejected.
I have heard learned counsel for the parties and
perused the record carefully.
Having considered the deposition of Manendra Gunbar
(P.W.3), Krishna Singh (P.W. 4), Suresh Yadav (P.W. 5) and
Rajesh Kumar Prajapati (P.W. 6), and since the appellants
were on bail during trial, I feel inclined to allow the
applications for suspension of sentence and grant of bail to
the appellants.
In view of above, applications for suspension of
sentence under Section 430 of the Bhartiya Nagrik Suraksha
Sanhita, 2023 and grant of bail to the appellants are allowed.
The substantive jail sentences imposed upon the
appellants by the learned trial Court are hereby suspended.
They shall be released on bail on each of their 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 5-3-
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 these matters for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Pathak
