Chattisgarh High Court
Dhiru @ Jitendra Tiwari vs State Of Chhattisgarh on 5 June, 2025
1/3
Digitally signed
by AVANISH
KUMAR
PATHAK HIGH COURT OF CHHATTISGARH AT BILASPUR
Date:
2025.06.05
15:56:12
+0530
CRA No. 1028 of 2025
1 - Dhiru @ Jitendra Tiwari S/o Late Salikram Tiwari Aged About 48 Years R/o -
Ward No. 8, Chowki Maro, Police Station Nandghat, District- Bemetara (C.G.)
2 - Vinay Thakur S/o Shivkumar Singh Rajpur Aged About 28 Years R/o -
Dohtara, Chowki Maro, Police Station Nandghat, District- Bemetara (C.G.)
... Appellants
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station
Police Station Nandghat, District- Bemetara (C.G.)
... Respondents
Order Sheet
05/06/2025 Mr. Awadh Tripathi, Adv. for the appellants.
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 appellants.
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, each of the appellants have been convicted and
sentenced as under :-
S.No Conviction Sentence Fine In default
sentence 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 appellants submits that the
appellants have been falsely implicated in the case. The
appellant No. 1 is President of Nagar Panchayat and the
appellant No. 2 is a journalist. 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 and other persons
gathered in order to submit their grievance, but the
complainant lodged false report against the appellants and one
other person for the offences, which are not at all attracted in
the instant case. It is submitted that, the appellants were
granted anticipatory bail and they have never misused the
liberty granted to them. Therefore, the application for
suspension of sentence may be allowed and they 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
appellants by the learned Special Judge concerned is hereby
suspended. They shall be released on bail on each of their
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 their appearance before the Registry of this
Court on 23-6-2025. 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, till
final disposal of this appeal.
List this matter for final hearing in due course.
I.A. 2/2025 for urgent hearing, I.A. No. 3/2025 for
hearing during summer vacation and I.A. No. 4/2025 for
interim/temporary bail stand disposed of.
Certified copy as per rules.
Sd/-
Pathak (Amitendra Kishore Prasad)
Judge
