Vivek Kumar Shukla vs State Of Chhattisgarh
2022 Latest Caselaw 462 Chatt

                                                                                 NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                      Proceedings Through Video Conferencing

                                    CRA No. 151 of 2022

   Vivek Kumar Shukla, S/o Pradeep Kumar Shukla, aged about 32 Years, R/o
     Railway Crossing, Bajrang Ward Bhatapara, District Balaudabazar-Bhatapara,
     Chhattisgarh.

                                                                           ----Appellant

                                           Versus

   State of Chhattisgarh, Through the Station House Officer Police Station City
     Kotwali Raipur, District - Raipur, Chhattisgarh.

                                                                        ---- Respondent

25/01/2022 Shri V.S. Mishra, counsel for the appellant.

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

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No.01 of 2022, application for suspension of

sentence and grant of bail to the appellant.

By the impugned judgment dated 12.01.2022 passed by the 8th

Additional Sessions Judge, Raipur, C.G., in Sessions Trial No.12/2018,

the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 452 of Indian Rigorous Imprisonment for Penal Code two years and fine of Rs.1,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for three months Under Section 323 of Indian Rigorous Imprisonment for six Penal Code months and fine of Rs.200/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for one month Under Section 324 of IPC for R.I. for one year and fine of causing hurt to Vedant Shukla Rs.500, in default of payment by using sharp weapon of fine amount to undergo further additional rigorous imprisonment for two months Under Section 324 of IPC for R.I. for one year and fine of causing hurt to Atul Mishra by Rs.500/-, in default of using sharp weapon payment of fine amount to undergo further additional rigorous imprisonment for two months

(All sentences were directed to run concurrently)

Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of two

years, the appellant has already deposited the entire fine amount with the

concerned trial Court, the fact that the appellant was on bail during trial

and did not misuse the liberty granted to him and that due to COVID-19

pandemic, disposal of the appeal is likely to take some time, without

expressing any opinion on the merits of the case, I am of the opinion that

present is a fit case to suspend the jail sentence imposed upon the

appellant and to release him on bail.

Accordingly, the application (I.A. No.01 of 2022) 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 09.05.2022 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.

Sd/-

Gautam Chourdiya Judge

Akhilesh