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Lalaram Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 258 Chatt

Citation : 2025 Latest Caselaw 258 Chatt
Judgement Date : 5 June, 2025

Chattisgarh High Court

Lalaram Sahu vs State Of Chhattisgarh on 5 June, 2025

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Digitally signed
by AVANISH
KUMAR
PATHAK
Date:                         HIGH COURT OF CHHATTISGARH AT BILASPUR
2025.06.05
15:57:49 +0530
                                              CRA No. 1046 of 2025

                   1 - Lalaram Sahu S/o Rajaram Sahu Aged About 35 Years R/o Eramshahi, Choki-
                   Maro, Police Station- Nandghat, District- Bemetara (C.G.), Present R/o P H C
                   Maro, District- Bemetara (C.G.)
                                                                                   ... Appellant
                                                      versus
                   1 - State Of Chhattisgarh Through The District Magistrate, Bemetara, District-
                   Bemetara (C.G.)
                                                                                ... Respondent

Order Sheet

05/06/2025 Mr. Shivendu Pandya, Adv. for the appellant.

Ms. Sunita Manikpuri, Dy. Govt. Adv. for the State/respondent.

Mr. Anchal Matre, Adv. for the complainant. Heard on I.A. No.1/2025, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 23-5-2025 passed by the learned Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989] (hereinafter referred to as 'SCST Act'), Bemetara, Distt. Bemetara in Special Sessions Case No. 7/2023, appellant has been convicted and sentenced as under :-

S.No Conviction Sentence Fine sen- In default tence of payment of fine,

1. 294, IPC SI for one Rs. 500/- SI for 15 month days

2. 186/34, IPC SI for one Rs. 500/- SI for 15 month days

3. 3(1)(r) of SC RI for 4 Rs. 2,000/- SI for 3 ST Act years months.

  4    3(1)(s) of SC RI        for   4 Rs. 2,000/-    SI for 3
       ST Act          years.                         months.


All the jail sentences have been directed to run concurrently.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He submits that, the complainant, who is a Rural Health Medical Assistant, Primary Health Centre, Maro, was not performing her duties during the period of Covid 19, therefore, villagers gathered in order to submit their grievance, but the complainant lodged false report against the appellant and other co-accused persons for the offences, which are not at all attracted in the instant case. It is submitted that, the appellant was granted anticipatory bail and he never misused the liberty granted to him. Therefore, the application for suspension of sentence may be allowed and he may be enlarged on bail.

Per contra, learned counsel appearing for the State submits that, from perusal the FIR itself, it is apparent that, the complainant has been humiliated in public view by naming her caste, as such, the offence under Sections 3(1)(r) and 3(1)(s) the SCST Act is made out. Therefore, the application may be

rejected.

Learned counsel for the complainant supported the arguments advanced by learned counsel for the State.

I have heard learned counsel for the parties and perused material available on record.

Considering the facts and circumstances of the case, further considering the contents of the FIR and statement of the complainant recorded before the trial Court, I.A. No. 1/2025 is allowed.

The substantive jail sentence imposed upon the appellant by the learned Special Judge concerned is hereby suspended. He shall be released on bail his executing a personal bond in the sum of Rs. 10,000/- 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 23-6- 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, till final disposal of this appeal.

List this matter for final hearing in due course. I.A. 2/2025 for urgent hearing and I.A. No. 3/2025 for hearing during summer vacation stand disposed of Certified copy as per rules.

Sd/-

(Amitendra Kishore Prasad) Judge

Pathak

 
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