Chattisgarh High Court
Goverdhan Prasad Kewat vs State Of Chhattisgarh on 13 January, 2023
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1954 of 2022
1. Goverdhan Prasad Kewat, S/o Lakhodar Prasad, Aged About 34 Years.
2. Amit Kaushik @ Tiblu, S/o Shyam Lal Kaushik, Aged About 24 Years.
3. Laxmi Dewangan @ Jaggu, S/o Muniram Dewangan, Aged About 34 Years.
All above are R/o Ganiyari, P. S. Kota, District- Bilaspur (C.G.)
---- Appellants
Versus
State of Chhattisgarh, Through P. S.- Kota, District- Bilaspur (C.G.)
---Respondent
13.01.2023 Mr. Prasoon Agrawal, counsel for the appellants.
Ms. Ishwari Ghritlahre, Panel Lawyer for the State/respondent. Notice was issued to the victim vide this Court's order dated 12.12.2022 for his/her appearance before this Court today i.e. on 13.01.2023, which has already been served upon his/her. The matter was taken up for hearing today at 1:15 p.m., but no one appeared nor any representation is made on his/her behalf, therefore, the matter was adjourned. Again the matter is taken up for hearing at 2:15 p.m. still the victim has not appeared, therefore, this Court is proceeding the matter.
Heard on application for suspension of sentence and grant of bail to the appellants.
By the impugned judgment dated 03.11.2022 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, District- Bilaspur (C.G.) in Special Criminal Case No. 16/2018, the appellants stand convicted, as under:-
Conviction Sentence
U/s 147 of IPC : R.I. for 2 years and fine of Rs. 200/- in default of
payment of fine additional S.I. for one month.
U/s 323 of IPC (3 counts) : R.I. for 1 year and fine of Rs. 200/- (3 counts) in default of payment of fine additional S.I. for 15 days.
U/s 3(2)(Va) of SC/ST Act : R.I. for 3 years and fine of Rs. 300/- in default of payment of fine additional S.I. for two months.
(All the sentences to run concurrently) Learned counsel for the appellants would submit that the appellants are Page 2 of 2 innocent and have been falsely implicated in the case. He would further submit that total 7 persons were prosecuted out of 4 have been acquitted by the trial Court and rest 3 persons have been convicted by the trial Court, which is not permissible for convicting the appellant under Section 147 of IPC. He would further submit that the trial Court has recorded its finding that there is no evidence brought on record that the appellants have abused the complainant on the pretext that he belongs to SC/ST community still the appellants have been convicted by the trial Court. He would also submit that there is no likelihood of the appeal coming up for final hearing in the near future, hence, it is prayed that the application be allowed and the appellants may be released on bail.
Learned State counsel opposes the bail application and submitted that there is clinching evidence against the appellants regarding commission of offence, therefore, the appellants are not entitled for grant of bail.
Considering the fact that prima facie no material was brought on record by the prosecution to demonstrate that the victim belongs to SC/ST category and also considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellants and release them on bail.
Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellants shall remain suspended and they shall be released on bail on their executing a personal bond in sum of Rs. 25,000/- each with one surety each in the like sum to the satisfaction of trial Court for their appearance before the Registry of this Court on 22nd February, 2023. They shall thereafter appear before the 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 the disposal of this appeal.
List this appeal for final hearing in its chronological order.
Sd/-
(Narendra Kumar Vyas) Judge Arun