Sitaram Kushwaha vs State Of Chhattisgarh
2021 Latest Caselaw 3198 Chatt

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                 HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet

                                  CRA No. 896 of 2021

      Sitaram Kushwaha, S/o Late Shri Lakhpat Kushwaha, Aged About 40 Years,
       R/o Village Khoh, Police Station Tetra, Tehsil Sabalgarh, District- Morena,
       Madhya Pradesh.                                            ---- Appellant

                                          Versus

      State of Chhattisgarh, Through- Station House Officer, City Kotwali Raigarh,
       Tehsil and District- Raigarh, Chhattisgarh.                      ---- Respondent

17.11.2021 Shri Vivek Kumar Agrawal, counsel for the appellant.

Shri Adil Minhaj, G.A. for the State.

Heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail.

The appellant who is the director of Ambedkar Real Estate & Dairies Limited has been convicted and sentenced by the judgment of conviction and order of sentence dated 20.07.2021 passed in Special Criminal Case (Depositor Interest Act) No. 01/2018 by the Special Judge, Raigarh (C.G.) in the following manner:-

                             Conviction                          Sentences
                  Under Section 420/120-B of           R.I. for 1 year and fine of Rs.
                  Indian Penal Code                    1,000/- and in default of
                                                       payment     of   fine   amount
                                                       addition R.I. for 1 month.





     Under       Section      10       of   R.I. for 5 years and fine of Rs.
     Chhattisgarh Nikshepakon Ke            3,00,000/- and in default of
     Hiton       Ka        Sanrakshan       payment     of   fine   amount
     Adhiniyam                              addition R.I. for 6 months.

     Under       Section      10       of   Fine of Rs. 10,00,000/-
     Chhattisgarh Nikshepakon Ke
     Hiton       Ka        Sanrakshan
     Adhiniyam

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 is in jail 04.07.2018 till 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 fact that appellant is in jail since 04.07.2018 till date, the maximum jail sentence awarded to him is 5 years R.I., the 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 the substantive jail sentence as well as fine 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 for a sum of Rs. 4,00,000/- with two sureties of Rs.2,00,000/- each to the satisfaction of the trial Court and depositing half

of the total fine amount of Rs. 13,01,000/- imposed upon him with the trial Court. He shall appear before the Registry of this Court on 24.02.2022 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.

Certified copy as per rules. ist Sd/-

(Gautam Chourdiya) Judge

Nadim