Neelam Sen vs State Of Chhattisgarh
2022 Latest Caselaw 3694 Chatt

                                                                                      NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRA No. 889 of 2022

   Neelam Sen, S/o Firanta Sen, aged about 27 Years, R/o Village Bhainsa, Police
     Station Simga, District : Balodabazar- Bhathapara, Chhattisgarh.

                                                                                ---- Appellant

                                           Versus

   State of Chhattisgarh, Through the Station House Officer, Police Station Simga,
     District : Balodabazar-Bhathapara, Chhattisgarh.

                                                                             ---- Respondent

13/06/2022 Shri Satya Prakash Verma, counsel for the appellant.

Shri Shivnath Shrivas, P.L. 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 25.05.2022 passed by the Additional

Sessions Judge, Bhatapara, District Balodabazar-Bhatapara, C.G. in

Sessions Trial No.H-03/2017, the appellant stands convicted and sentenced

as under:-

Conviction Sentence

Under Section 498-A of Indian Rigorous Imprisonment for two years Penal Code and fine of Rs.2,000/-, in default of payment of fine amount to undergo further additional rigorous imprisonment for two months 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 he was on bail during trial and even after

passing of the impugned judgment for a limited period and did not misuse

the liberty and that disposal of this 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 22.08.2022 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

Chandrakant