Suruj Bai vs State Of Chhattisgarh
2022 Latest Caselaw 1284 Chatt

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                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                    CRR No.235 of 2022

 • Suruj Bai Jaylal Patel Aged About 35 Years R/o Village- Monhda, Chowki-Bundeli, Police
   Station- Tendukona, District- Mahasamund, Chhattisgarh, District : Mahasamund,
   Chhattisgarh

                                                                               ---- Petitioner

                                           Versus

 • State Of Chhattisgarh Through The Magistrate, District- Mahasamund, Chhattisgah,
   District : Mahasamund, Chhattisgarh

                                                                         ----Non-Applicant




11.03.2022

Ms. Prachi Singh, counsel for the Applicant.

Ms. Binu Sharma, Panel Lawyer for the State.

Heard on admission.

Admit.

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

and grant of bail.

The applicant stand convicted under Sections 34(1)(A) of the Chhattisgarh

Excise Act and sentenced to undergo R.I. for six months and fine of Rs.10,000/-

and in default of payment of fine, he has to undergo additional RI for one month,

by way of judgment of conviction and order of sentence dated 06-08-2021 passed

in Criminal Case No.385/2015 passed by the Judicial Magistrate First Class,

Pithora, District Mahasamund (C.G.).

Learned counsel appearing for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case without there being

any clinching evidence against her. He also submits that the conviction and

sentence awarded by the trial Court is based on without appreciation of evidence

on record and is apparently contrary to law as also the fact that the applicant is on

bail during trial and after the judgment of the learned appellate Court, the

appellant has already undergone 1 month of jail sentence out of total sentence of

six months of jail sentence awarded by the trial Court. He lastly submits that the

applicant has never misused the liberty granted to her. In these circumstances,

learned counsel for the applicant prayed for grant of bail.

On the other hand, learned counsel appearing for the State has formally

opposed the application for grant of bail.

Having considered the facts and circumstances of the case and the

material available on record and considering further that the revision is likely to

take some time for final disposal, I am of the opinion that this is the fit case in

which the applicant should be enlarged on bail.

Accordingly, I.A.No.01/2022 is allowed and it is directed that the

substantive jail sentence imposed upon the applicant shall remain suspended and

she shall be released on bail on furnishing a personal bond of Rs.20,000/- along

with one surety for the like sum to the satisfaction of the trial Court for her

appearance before the said Court on 13.07.2022 and thereafter to continue to

appear on all such dates as are given to her till final disposal of the revision.

Post this matter for final hearing in its due course.

SD/-

(Arvind Singh Chandel) Judge

Tumane