Manharan Rathore vs State Of Chhattisgarh
2025 Latest Caselaw 1585 Chatt

Chattisgarh High Court

Manharan Rathore vs State Of Chhattisgarh on 31 January, 2025

                                                          1




Digitally signed
by AVANISH                      HIGH COURT OF CHHATTISGARH AT BILASPUR
KUMAR
PATHAK
Date:
                                               CRA No. 1833 of 2024
2025.02.04
11:36:31 +0530      •   Manharan Rathore, S/o Ramcharan Rathore, Aged About 51 Years, R/o
                        Village Mahka, Police Chowki Kharsiya, P.S. Kharsiya, District Raigarh
                        (C.G.).
                                                                                       ... Appellant
                                                        versus
                    •   State Of Chhattisgarh, Through Police Station Kharsiya, District Raigarh
                        (C.G.)
                                                                                   ... Respondent

(Cause title taken from Case Information System)

Order Sheet

31/01/2025 Mr. Sanjay Kumar Agrawal, counsel for the appellant.

Ms. Anuradha Jain, P.L. for the State/respondent.

This is an admitted appeal.

Heard on I.A. No.1/2024, application for suspension of

sentence and grant of bail.

By the impugned judgment of conviction and order of

sentence dated 28.09.2024 (Annexure-A/1) passed by the learned

Special Judge SC/ST (Atrocities Act) Raigarh, District Raigarh

(C.G.) in Special Criminal Case under the Atrocities Act No.11/2022,

appellant has been convicted and sentenced as under :-

S.No. Conviction Sentence

01. U/s. 509(B) of Indian R.I. for 1 year with fine of Penal Code, 1860 Rs.5,000/- and in default of

payment of fine, further R.I. for 1 month.

02. U/s. 67 of IT Act, R.I. for 1 year with fine of 2000 Rs.5,000/- and in default of payment of fine, further R.I. for 1 month.

03. U/s. 3(1)(w)(i) of R.I. for 1 year with fine of SC/ST (Atrocities Rs.5,000/- and in default of Act) 1989 payment of fine, further R.I. for 1 month.

All the sentences are directed to run concurrently

Learned counsel for the appellant would submit that

appellant was on bail during trial and never misused the same. It is

further submitted that maximum jail sentence has been awarded

only upto 1 year. It is further submitted that appellant has a good

case to get success in appeal. Therefore, he prays that application

for suspension of sentence of the appellants may be allowed.

Per contra, learned State counsel opposes the application for

suspension of sentence and grant of bail to the appellant.

I have heard learned counsel for the parties and perused the

record carefully.

Taking into consideration the facts of the case, particularly

considering the short term sentence imposed upon the appellant

and further considering the fact that appellant was on bail during

trial, hence, I feel inclined to allow the application for suspension of

sentence and grant of bail to the appellant.

In view of above, I.A. No.1/2024, application for suspension

of sentence and grant of bail is allowed.

The substantive jail sentence imposed upon the appellant by

the learned trial Court is hereby suspended. He shall be released on

bail on his 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 his appearance before the Registry of this Court on

05.03.2025. He 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 him by the said Court, interval being not less than 6 months, till

final disposal of this appeal.

List this matter thereafter.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Pathak/-