Vijay Singh @ Rajni Kant vs The State Of Chhattisgarh
2022 Latest Caselaw 4010 Chatt

                                                                                       NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRA No. 855 of 2022

  Vijay Singh @ Rajni Kant, S/o Padamnath Singh Rotiya, aged about 26 Years, R/o
   Village- Kharwatoli, P.S.- Narayanpur, District- Jashpur (C.G.).

                                                                               ----Appellant

                                         Versus

  The State of Chhattisgarh, Through P.S.- Narayanpur, District- Jashpur,
   Chhattisgarh.

                                                                           ---- Respondent

24/06/2022 Mr. A.K. Prasad, Advocate for the appellant.

Ms. Usha Chandrakar, P.L. for the State.

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 11.05.2022 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities

Act) Jashpur, District Jashpur, C.G. in Special Criminal Case Under the

SCST Act No.18/2018, the appellant stands convicted and sentenced as

under:-

                           Conviction                             Sentence

               Under Section 450 of Indian Rigorous           Imprisonment       for    four
               Penal Code                          years and fine of Rs.500/-, 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 four years, the appellant has already been acquitted by the trial Court of the charges

under Section 376 of Indian Penal Code and Section 3(2)(v) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 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 26.09.2022 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 him by the said Court till disposal of

this appeal.

List the case for final hearing in due course.

Sd/-

Gautam Chourdiya Judge

Akhilesh