Shankar Lal Jaiswal vs State Of Chhattisgarh
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Chattisgarh High Court

Shankar Lal Jaiswal vs State Of Chhattisgarh on 2 January, 2025

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                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                         CRA No. 2157 of 2024
                      1. Shankar Lal Jaiswal S/o Sitaram Jaiswal Aged About 27
                        Years R/o Village- Sawadabra, P.S.- Takhatpur, District-
                        Bilaspur, C.G. (On Bail)
                      2. Munimram S/o Sitaram Jaiswal Aged About 30 Years R/o
                        Village- Sawadabra, P.S.- Takhatpur, District- Bilaspur, C.G.
                        (On Bail)
                      3. Sitaram Jaiswal S/o Milauram Jaiswal Aged About 70 Years
                        R/o Village- Sawadabra, P.S.- Takhatpur, District- Bilaspur,
                        C.G. (On Bail)
                      4. Balram Jaiswal S/o Sitaram Jaiswal Aged About 40 Years R/o
                        Village- Sawadabra, P.S.- Takhatpur, District- Bilaspur, C.G.
                        (On Bail)
                                                                      ... Appellants
                                                   versus
                      • State of Chhattisgarh Through - Police Station- Takhatpur,
                        District- Bilaspur, C.G.
                                                                     ... Respondent

SAHU 02/01/2025 Mr. G.V.K. Rao, counsel for the appellants.

Mr. Aman Tamboli, P.L. for the State/respondent.

Heard on I.A. No.01/2024, application under Section 430(1) of B.N.S.S. for suspension of sentence and grant of bail.

By the impugned judgment dated 18.11.2024 passed by learned Special Judge, SC & ST (Prevention of Atrocities) Act, Bilaspur (C.G.) in Special Criminal Case No. 33/2018, the appellants have been convicted for the offence punishable under Section 323 r/w Section 34 of IPC and sentenced them to undergo R.I. for 6 months and fine of Rs. 500/- with default stipulation.

Learned counsel for the appellants submits that the appellants are innocent and are falsely implicated in the case and there is no material evidence against the appellants. He further submits that during trial the appellants were on bail and never misused the liberty given to them and after the pronouncement of judgment they have been granted temporary bail and further they have deposited the fine amount. He also submits that disposal of this appeal will take sufficient time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case and also considering that the appellants have been sentenced R.I. for 6 months only under Section 323/34 of IPC and the conclusion of the appeal may take considerable time, the application (I.A. No.

01/2024) is allowed and it is directed that the substantive jail sentence imposed upon the appellants shall remain suspended and they shall be released on bail on their executing a personal bond for a sum of Rs. 25,000/- each with one surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 27th January, 2025. They shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to them by the said Court till disposal of this appeal.

List this case for final hearing in its chronological order.

Certified copy as per rules.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu