Chattisgarh High Court
Ravi Yadav @ Ravishankar vs State Of Chhattisgarh 36 Cra/1125/2001 ... on 10 October, 2018
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1547 of 2018
Ravi Yadav @ Ravishankar S/o Parshuram Yadav Aged About 47 Years
Occupation Labourer, R/o Village Anjoripali, Police Station Kharsia,district
-Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through S.H.O. Of The Police Station Ajak, District
-Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh
---- Respondent
10/10/2018 Mr. Abhishek Saraf, Advocates for the appellant.
Mr. Vijay Bahadur Singh, Panel Lawyer for the State. Heard.
Admit.
Call for the record.
Also heard on IA No.1 of 2018, application for suspension of sentence and grant of bail to the appellant.
By the impugned judgment dated 13.9.2018 passed by the learned Special Judge, ST/SC (Prevention of Atrocities) Act Raigarth, District-Raigarh, Chhattisgarh in Special Case (Atrocities Act) No.39/2016, Appellant stands convicted as under:-
Conviction Sentence
U/s 294 of the Indian Penal Code. : Fine amount of Rs.200/-and in default of
payment of fine further R.I. for the period of
15 days.
U/s 323(Count-2) of the Indian Penal : RI for 6-6 months & fine amount of
Code. Rs.1000-1000/-and in default of payment of
fine further R.I. for the period of 2-2 months.
U/s 3(1)(s) SC/ST (Prevention of RI for 6 months & fine amount of Rs.500/- Atrocities) Act. and in default of payment of fine further R.I. for the period of 1 month.
All the sentences will run concurrently.
Learned counsel for the appellant submits that appellants has been wrongly convicted by the trial Court in the judgment without there being any evidence in support of the offence charged against him. The appellant had been on bail during the period of trial and subsequent to the order of conviction passed against him, he has been released on bail by the trial Court under Section 389(3) of CrPC, hence, it is prayed that his application be allowed.
On the other hand, Learned counsel for the State has opposed the bail application and submissions made in this respect.
Heard both the parties and perused the record of the trial Court.
Perused the record of the trial Court and the impugned judgment and after considering this fact that the appellant had been on bail through out and he has not misused the liberty and also for the reason that there is no likelihood of this appeal to come up for final hearing, I am of this opinion that it will be proper to release the appellant on bail during the pendency of this appeal.
Accordingly, the bail application is allowed.
Execution of substantive jail sentences imposed upon the appellants shall remain suspended during the pendency of this appeal and he shall be released on bail on his execution a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 10th December, 2018. He 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 him by the said Court, till the disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Rajendra Chandra Singh Samant) Judge Nisha