Bholanath Tiwari vs State Of Chhattisgarh
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Chattisgarh High Court

Bholanath Tiwari vs State Of Chhattisgarh on 18 March, 2025

                                                                                     NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRA No. 546 of 2025

1 - Bholanath Tiwari S/o Late Shri Kushan Prasad Tiwari Aged About 55 Years R/o Village
Muru          P.S.         Hirri        District        -       Bilaspur         (C.G.)

2 - Subham Tiwari S/o Shri Bholanath Tiwari Aged About 26 Years R/o Village Muru P.S. Hirri
District - Bilaspur (C.G.)
                                                                               ... Appellants
                                            versus
1 - State Of Chhattisgarh Through District Magistrate Bilaspur (C.G.)
                                                                            ... Respondent

18.03.2025 Mr. Pragalbha Sharma, Counsel for the Appellants.

Ms. Binu Sharma, Panel lawyer for the State. Heard on I.A. No. 01/2024, an application for suspension of sentence and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence dated 28.02.2025 passed in Special Case (Atrocity) No. 08/2022 and Crime No. 04/2021 at Police Station Ajak, District Bilaspur, Chhattisgarh passed by the Special Judge (Atrocity), Bilaspur Chhattisgarh, whereby appellants have been convicted and sentenced as under:

Conviction Sentence

Under Section 326 read R.I. for 02 years with fine of with Section 34 of Indian amount Rs. 5,000/- in default of Penal Code payment of fine additional simple imprisonment of 03 months to both the appellants.

Learned Counsel appearing for the appellants contended that the appellants have a prima facie good case in their favor and they are hopeful to succeed on it. The appellants were on bail during trial and have never misused the liberty granted by the court. The fine amount has already been deposited by the appellants. He also contended that the appellants have been acquitted from the SC/ST charges which were framed against them and the disposal of this Criminal appeal is likely to take long time. The appellants are ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the appellants.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused appellants which connects them 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 to the fact that the appellants have been convicted for only two years of rigorous imprisonment which is a short sentence, I am of the considered 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/- each 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 28.03.2025. 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 Trial Court, till the final disposal of this appeal.

Consequently, IA No. 01/2025 stands allowed. List this case for final hearing in its due course.

sd/-

(Arvind Kumar Verma) Judge

Alfiza