Toran Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 2373 Chatt

Chattisgarh High Court

Toran Sahu vs State Of Chhattisgarh on 10 March, 2025

                                   HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                         Order Sheet
                                                      CRA No. 271 of 2025

                       1 - Toran Sahu S/o Ishwar Sahu Aged About 65 Years R/o Village-Borid, P.S.
                       Fingeshwar, District- Gariyaband (C.G.)

                       2 - Purushottam Sahu S/o Toran Sahu Aged About 37 Years R/o Village-Borid, P.S.
                       Fingeshwar, District- Gariyaband (C.G.)

                       3 - Avan Ram Sahu S/o Ishwar Sahu Aged About 55 Years R/o Village-Borid, P.S.
                       Fingeshwar, District- Gariyaband (C.G.)

                       4 - Tirath @ Tilak Ram Sahu S/o Avan Ram Sahu Aged About 29 Years R/o Village-
                       Borid, P.S. Fingeshwar, District- Gariyaband (C.G.)           ... Appellant(s)

                                                              versus
Digitally signed

                       1 - State Of Chhattisgarh Through Station House Officer, Police Station Fingeshwar,
by JYOTI JHA
Date: 2025.03.11
10:49:56 +0530


                       Gariyaband District- Gariyaband (C.G.)                      ---- Respondent

10/03/2025 Mr. Syed Imtiaz Ali, learned counsel for appellants.

Ms. Priya Sharma, learned Panel Lawyer, appearing for

Respondent-State.

Victim/complainant is not appeared before this Court, though

notice has been duly served, hence, Mr. Dheeraj Kumar Wankhede,

Advocate appointed as Amicus-Curiae to assist the Court on behalf of the victim/complainant and he opposed the application for suspension

of sentence and grant of bail submitted by the appellants.

Heard on I.A. No. 1/2025, an application u/s 430 of BNSS for

suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence

dated 07.01.2025, learned Special Judge under SC/St Act, (Prevention

of Atrocities) Act Raipur, District Raipur (C.G.) in Special Criminal Case

No. 61/2023, has convicted and sentenced the Appellants as under:-

            Conviction                                Sentence

294 of Indian Penal Code                 R.I. for 03 months with fine of Rs.
                                         500/- in default of which additional
                                         R.I. for 15 days, each.

323/34 of IPC                            R.I. for 6 months with fine of Rs.
                                         1000/- in default of which
                                         additional R.I. for one month,
                                         each.

3(1)(r) of the Scheduled Caste & R.I. for 01 year with fine of Rs. Scheduled Tribe (Prevention of 1000/- in default of which Atrocities Act.) additional R.I. for 1 month each.

3(1)(s) of the Scheduled Caste & R.I. for 01 year with fine of Rs. Scheduled Tribe (Prevention of 1000/- in default of which Atrocities Act.) additional R.I. for 1 month each.

3(2)(va) of the Scheduled Caste & R.I. for 01 year with fine of Rs. Scheduled Tribe (Prevention of 1000/- in default of which Atrocities Act.) additional R.I. for 1 month each.

All the sentences will run concurrently for all accused persons.

Learned Counsel for Convict/Appellants has argued that the

maximum sentence which has been awarded to the appellants is of one

year. He submits that during the trial, the appellants were on bail and

even after pronouncement of judgment impugned, they have been

granted bail. The appeal is likely to take sometime for its final disposal,

therefore they may be released on bail.

On the other hand, learned State Counsel opposes the bail

application and submits that the accused appellants abused the

complainant and used filthy languages and thereafter assaulted the

complainant, therefore, the appellants are not entitled to be released on

bail.

Considering the totality of the facts, in particular the short sentence

awarded to the appellants, without further commencing on merits, I am

of the opinion that present is a fit case to suspend the jail sentence

imposed upon the appellants.

Accordingly, the substantive jail sentence imposed upon the

Appellants by the learned Trial Court is hereby suspended. The

Appellants shall be released on bail on their executing a bail bond of

Rs.10,000/- with one surety each in the like amount to the satisfaction of the concerned Trial Court for their appearance before the Registry of

this Court on 05.05.2025. Thereafter, they 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 them by the said Court, interval being not less than 6

months, till final disposal of this appeal.

Consequently, IA No.1 of 2025 stands allowed.

It is made clear that the observations made hereinabove are only

confined for disposal of the 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 in due course.

Sd/-

(Arvind Kumar Verma) Judge

Jyoti