Naresh Kaushik vs State Of Chhattisgarh
2022 Latest Caselaw 5490 Chatt

                                                                                NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1359 of 2022

  • Naresh Kaushik S/o Sadhuram Kaushik, Aged About 45 Years, R/o Bafna,
    Schoolpara, Police Station Kondagaon, District Kondagaon, Chhattisgarh, Civil
    And Revenue District Kondagaon.

                                                                         ---- Appellant

                                        Versus

  • State Of Chhattisgarh Through Police Station Kondagaon, District Kondagaon,
    Chhattisgarh.

                                                                      ---- Respondent

29.08.2022 Mr. Raza Ali, counsel for the Appellant.

Mr. Ali Asgar, Dy. A.G. for the State.

Heard on admission.

Admit.

Call for the record of the court below.

Also, heard on I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 16.08.2022 passed by learned Special Judge (Electricity Act), Kondagaon, District Kondagaon (C.G.) in Sessions Case No. 02/2021 whereby the learned Judge convicted the appellant for the offence punishable under Section 304(A) of IPC and Section 135(1)(A) of Electricity Act, 2005 and sentenced him to undergo R.I. for 2 years with fine of Rs. 1,000/- and R.I. for 2 years with fine of Rs. 1,000/- respectively, with default stipulation.

Learned counsel for the applicant would submit that the trial Court has convicted the appellant without there being any legally admissible evidence against him. The complainant and other witnesses of the spot have turned hostile. Furthermore, seizure witness has also not supported the case of the prosecution. The learned trial Court has convicted the appellant only on the basis of the presumption, without appreciating the evidence on record. The appellant was on bail during trial and also at present he is on bail till 17.09.2022 and he has deposited the fine amount, therefore, the appellant may be released on bail during the pendency of this appeal.

On the other hand, State counsel opposes the bail application.

I have heard learned counsel both the parties.

Considering the facts and circumstances of the case, nature and quality of the evidence available on record, further considering the sentence imposed upon him by the Court below, without further commenting on merits of the case, I am inclined to release the applicant on bail.

Accordingly, I.A. No. 01/2022, application for suspension of sentence and grant of bail is allowed.

It is directed that the 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 for a sum of Rs. 25,000/-, with one local surety in the like sum to the satisfaction of the trial Court for his appearance before the trial Court on 10th October 2022, and thereafter, shall continue to appear on all subsequent dates given to him by the trial Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge V/-