Amit @ Dakaiha vs State Of Chhattisgarh
2025 Latest Caselaw 2338 Chatt

Chattisgarh High Court

Amit @ Dakaiha vs State Of Chhattisgarh on 7 March, 2025

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                             HIGH COURT OF CHHATTISGARH AT BILASPUR
                                               CRA No. 2243 of 2023
                      Amit @ Dakaiha S/o Beersai Aged About 32 Years R/o Village
                      Jarhadih, Majhapara, Police Station Lundra, District : Surguja,
                      Chhattisgarh
                                                                                     ... Appellant
                                                        versus
                      State of Chhattisgarh Through - Police Station Lundra, District :
                      Surguja, Chhattisgarh
                                                                                 ... Respondent

Order Sheet

07/03/2025 Heard Mr. Ajay Kumar Chandra, learned counsel

for the appellant. Also heard Mr. Bharat Gulbani,

learned Panel Lawyer, appearing for the

respondent/State on the instant application for

Digitally suspension of sentence and grant of bail (I.A. No. 1 of signed by ABHISHEK ABHISHEK SHRIVAS SHRIVAS Date:

2025.03.11 2023).

10:46:15 +0530

By the impugned judgment of conviction and

order of sentence dated 11.09.2023, the learned

Additional Session Judge (F.T.C.) Surguja, Ambikapur

(C.G.) in Session Trial No. 106/2015, has convicted

and sentenced the appellant in the following manner:

Conviction Sentence Under Section 366 of the Rigorous imprisonment (for Indian Penal Code (for short, 'R.I.') for 03 years short, 'IPC') with fine of Rs. 800/-, in default of payment of fine further RI for 02 months.

Under Section 367/34 of R.I. for 04 years with fine of the IPC Rs. 1000/-, in default of payment of fine further RI for 03 months.

Under Section 354/34 of R.I. for 02 years with fine of the IPC. Rs. 500/-, in default of payment of fine further RI for 01 month.

Under Section 323/34 of R.I. for 06 months with fine the IPC. of Rs. 200/-, in default of payment of fine further RI for 15 days.

All the sentences will run concurrently

Learned counsel for the convict/appellant argued

that the appellant has been falsely implicated in the

present case and that there is no evidence on record to

connect the appellant with the commission of the

offence. Furthermore, learned counsel for the appellant

argued that the findings given by the learned trial Court

against the appellant is perverse and contrary to

evidence on record consequently the same is liable to

be set-aside. He further submits that the learned trial

Court erred in conviction the appellant only on the

basis of assumption and presumption, however there

is no clinching evidence on record against the

appellant, therefore, the impugned conviction is bad in

the eyes of law. He further submits that the appellant

has no criminal antecedents and he has been in jail

near about 02 years, further, the appeal is likely to take

a couple of years or even more in its final disposal,

hence he prays that the appellant be enlarged on bail.

Learned counsel for the appellant relied upon the

judgment passed by the Hon'ble Apex Court in the

matters of Atul Alias Ashutosh vs. State of Madhya

Pradesh (2024) 3 SCC 663 and Nanhe Lal Verma

vs. State of Madhya Pradesh (Arising out of SLP

(Criminal) No. 14769 of 2024) decided on

25.11.2024 wherein, the Hon'ble Apex Court has held

that when there is a fixed term sentence and especially

when the appeal is not likely to be heard before

completing entire period of sentence, normally

suspension of sentence and bail should be granted.

On the other hand, learned State counsel

opposes the prayer for grant of bail to the appellant

and submits that appellant along with other co-

accused were trying to outrage the modesty of the

victim, therefore, the findings arrived at by the learned

trial Court is just and proper.

I have heard learned counsel for the parties and

perused the documents appended with the bail

application.

Considering the submissions advanced by the

learned counsel for the parties, further considering the

law laid down by the Hon'ble Apex Court in Atul Alia

Ashutosh (Supra) and Nanhe Lal Verma (Supra),

also considering the evidence available on record and

further the fact that the appellant has no previous

criminal antecedents except the present case,

moreover, the case pertains to the year 2015 and the

appellant has been in jail near about 02 years and

further hearing of this appeal would take prolonged

period of time, I deem it appropriate to allow the

application for suspension of sentence and grant of

bail moved on behalf of the appellant.

Accordingly, the substantive jail sentence

awarded to appellant - Amit @ Dakaiha, by the

learned trial Court is hereby suspended. He shall be

released on bail on his executing bail bond to the

satisfaction of the concerned trial Court for his

appearance before the Registry of this Court on

16.04.2025. 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.

Consequently, I.A. No. 1 of 2023 is allowed.

It is made clear that the observations made

hereinabove are only confined for disposal of aforesaid

I.A. filed in this appeal and it shall not be construed as

an expression of opinion of this Court on the merits of

the matter.

List this matter for final hearing.

C.C. as per rules.

Sd/-

(Ramesh Sinha) Chief Justice

Abhishek