Smt. Saraswati Gupta vs State Of Chhattisgarh
2022 Latest Caselaw 4727 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet
                              CRA No. 1047 of 2022

1. Smt. Saraswati Gupta, D/o Brij Koshore Gupta, Aged About 26 Years (Wrongly
   Mentioned as 62 in the Impugned Judgement),

2. Smt. Geeta Devi, W/o Aged About 65 Years,

  Both R/o Jarhagarh, Police Station Ambikapur, Near Ashish Kirana Shop,
  District : Surguja (Ambikapur), Chhattisgarh.            ---- Appellants

                                    Versus

 State of Chhattisgarh, Through - Station House Officer, Police Station -
  Ambikapur, District : Surguja (Ambikapur), Chhattisgarh. ---- Respondent

25.07.2022 Mr. Shakti Raj Sinha, counsel for the appellants.

Ms. Pushpalata Khalkho, P.L. for the State.

Heard on I.A. No.01/2022, application for suspension of sentence

and grant of bail.

The appellants have been convicted and sentenced by the

judgment of conviction and order of sentence dated 17.06.2022 passed

in Sessions Case No. 76/2018 by the Third Additional Sessions Judge,

(Ambikapur), District- Sarguja (C.G.) in the following

manner:-

                          Convictions                            Sentences
             Under Section 498A/34 of IPC            R.I. for 3 years and fine of Rs.
                                                     500/- and default in payment of
                                                     fine amount additional R.I. 4





                                         months.
Under Section 307/34 of IPC              R.I. for 6 years and fine of Rs.
                                         500/- default in payment of fine
                                         amount     additional   R.I.   4
                                         months.

Learned counsel for the appellants submits that there is no

reliable evidence against the present appellants to involve them in this

case, essential ingredient of the offence for convicting the appellants

are missing, the appellants were on bail during trial and they did not

misuse the liberty granted to them. The appellants have completed

more than half of the sentence. He placed reliance on a recent

judgment of the Hon'ble Supreme Court in case of Satender Kumar

Antil Vs. Central Bureau of Investigation & Another reported in 2022

LiveLaw (SC) 577 and also looking to the provision of Section 436-A of

CrPC, the appellants may be enlarged on bail.

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

application.

Considering the facts & circumstances of the case, looking to the

fact that appellants have already served half of the sentence, they were

on bail during trial and they did not misuse the liberty granted to them,

detention period of the appellants, who are 26 & 65 years old, they

remained in jail from 29.04.2018 to 10.08.2021 and after passing of the

judgment, keeping in view of the observations made by the Hon'ble

Supreme Court in Satender Kumar Antil (supra) and looking to the

provision of Section 436-A of CrPC, final disposal of this appeal is likely

to take some time, without commenting anything on merits of the case,

the application (I.A. No.01/2022) is allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellants shall remain suspended during the

pendency of this appeal and they shall be released on bail on their

furnishing a personal bond in the sum of Rs.25,000/- with one surety to

the satisfaction of the trial Court. They shall appear before the Registry

of this Court on 28.09.2022 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 them by the said

Court till disposal of this appeal.

List the case for final hearing.

               Certified co                               Sd/-


                                                    (Sachin Singh Rajput)
                                                           Judge



Nadim