(1.) Applications under Section 389 of the Code of Criminal Procedure, 1973, (for short 'the Code'), I.A. No. 1 filed on behalf of Vinayak (Binayak) Sen in Cr.A. No. 20/2011 and I.A. No. 1 filed on behalf of Pijush (Piyush) Guha @ Bubun Guha in Cr.A. No. 54/2011 for suspension of sentence and grant of bail during the pendency of appeal against the judgment of conviction & order of sentence dated 24-12-2010 passed by the 2nd Additional Sessions Judge, Raipur in Sessions Trial No. 182/2007 are being disposed of by this common order.
(2.) Appellant in Cr.A. No. 20/2011 Binayak Sen has been convicted for commission of the offence of sedition punishable under Section 124A of the IPC; Sections 8 (1), 8 (2), 8 (3) & 8 (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 (for short 'the Act, 2005'); and Section 39 (2) of the Unlawful Activities (Prevention) Act, 1967 (for short 'the Act, 1967') and sentenced as under:
(3.) Appellant in Cr.A. No. 54/2011 Piyush Guha has been convicted for commission of the offence of sedition punishable under Section 124A of the IPC; Sections 8 (1), 8 (2), 8 (3) & 8 (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 (for short 'the Act, 2005'); and Section 39 (2) of the Unlawful Activities (Prevention) Act, 1967 (for short 'the Act, 1967') and sentenced as under: