Hemlal Sinha vs State Of Chhattisgarh
2025 Latest Caselaw 2250 Chatt

Chattisgarh High Court

Hemlal Sinha vs State Of Chhattisgarh on 4 March, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR



                               CRA No. 206 of 2025


1 - Hemlal Sinha S/o Jagannath Sinha Aged About 44 Years R/o Radhavihar Colony,
Balodabazar, Police Station City Kotwali, Balodabazar, District Balodabazar Bhatapara
Chhattisgarh.
                                                                     ... Applicant(s)
                                       versus


1 - State Of Chhattisgarh Through Station House Officer, Police Of Police Station City
Kotwali, Balodabazar, District Balodabazar Bhatapara Chhattisgarh.
                                                                       ... Respondent(s)

Order Sheet

04/03/2025 Mr. Vikram Pratap, Counsel for the appellant.

Mr. Vivek Sharma, Panel Lawyer for the State. Mrs. Indira Tripathi, Advocate who is present in the Court is requested to assist the Court as an amicus curiae. Registry is directed to publish the name of Mrs.

Indira Tripathi, Advocate on the cause-list on further dates of hearing.

Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment and conviction dated 04.01.2025 passed by the Special Judge Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, in Special Criminal Case No. 19/2022, the appellant stands convicted as under:

        Conviction                     Sentence
U/s 294 of IPC               S.I. for 3 months and fine
                             of Rs. 200/-, in default of
                             fine, additional S.I. for 1
                             month.
U/s   3(1)(ध)    of   SC/ST S.I, for 6 months and fine

(Prevention of Atrocity) Act of Rs. 200/-, in default of fine, additional S.I. for 1 month.

Learned Counsel for the Appellant contended that the appellant has prima facie good case in his favor and he is hopeful to succeed on it. The applicant was in jail 12.04.2022 to 16.05.2022. The disposal of this Criminal Appeal is likely to take long time. The applicant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the applicant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned Counsel for the parties and perused the record with utmost circumspection.

Considering the totality of the facts, in particular the short sentence awarded to the applicant and the period of detention without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the Applicant by the learned Trial Court is hereby suspended. The Applicant by the learned Trial Court is hereby suspended. The applicant shall be released on bail on his executing a bail bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 04.04.2025. Thereafter, she shall 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 Trial Court, till final disposal of this appeal.

Consequently, I.A. No. 01/2025 stands allowed.

Call for the records from the concerned Trial Court.

List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima