Sanjay Kumar Soni @ Sanjay Kumar ... vs State Of Chhattisgarh
2021 Latest Caselaw 3751 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet

                            CRA No. 1628 of 2021

 Sanjay Kumar Soni @ Sanjay Kumar Verma, S/o Jimmedari Verma, Aged
  About 42 Years, R/o Near Mahamaya Talab, Police Station Kotwali, Ambikapur,
  District- Sarguja, Chhattisgarh.                           ---- Appellant

                                   Versus

 State of Chhattisgarh, Through- Police Station Gandhi Nagar, District- Sarguja,
  Chhattisgarh.                                                    ---- Respondent

16.12.2021 Mr. C.Jayant K. Rao, counsel for the appellant.

Dr. (Ms.) Veena Nair, Dy. A.G. for the State.

Heard on admission.

This appeal is admitted for hearing.

Call for record of the Court below.

Also heard on I.A. No. 01/2021, application for suspension of

sentence and grant of bail.

The appellant has been convicted and sentenced by the

judgment of conviction and order of sentence dated 07.12.2021

passed in Sessions Case No. 97/2018 by the Third Additional

Sessions Judge, Ambikapur, District- Sarguja (C.G.) as under:-

                               Conviction                     Sentence





           Under Section 411 of IPC       R.I. for 1 year with fine

                                         of   Rs.    200/-   and   in

                                         default in payment of fine

                                         amount additional R.I. for

                                         3 months.

Learned counsel for the appellant submits that there is no

reliable evidence against the present appellant to involve him in this

case, essential ingredient of the offence for convicting the appellant

is missing, the appellant was not on bail during trial, there is no

criminal antecedents of the appellant as per judgment, the appellant

has already been paid the fine amount imposed upon him and

disposal of this appeal is likely to take some time, therefore, the

appellant be released on bail.

On the other hand, learned counsel for the State opposes bail

application.

Considering the facts & circumstances of the case, the short

sentence of 1 year has been imposed upon the appellant, as per

judgment the appellant has no criminal antecedents, the appellant

has already paid the fine amount imposed upon him and final

disposal of this appeal is likely to take some time, without

commenting anything on merits of the case, the application is

allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellant shall remain suspended during the

pendency of this appeal and he shall be released on bail on his

furnishing a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the trial Court.

He shall appear before the Registry of this Court on

18.04.2022 and thereafter appear before the trial Court on a date to

be given by the Registry and thereafter continue to appear before

the trial Court on all such dates as are given to him by the said

Court till disposal of this appeal.

List the case for final hearing in due course.ertified copy as

per rules. ist

Sd/-

(Gautam Chourdiya) Judge

Nadim