Premprasad Gupta vs State Of Chhattisgarh
2022 Latest Caselaw 3179 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                          CRA No. 669 of 2022
  Premprasad Gupta S/o Jugal Kishore Gupta, Aged About 46 Years R/o Village Kidda, P.S.
  Chhal, District Raigarh Chhattisgarh.
                                                                                   ---- Appellant
                                                 Versus
  State Of Chhattisgarh Through P.S. Chhal, District Raigarh Chhattisgarh.
                                                                                ---- Respondent

02/05/2022 Shri Sanjay Agrawal, counsel for the appellant.

Shri Anurag Verma, P.L. for the State.

Shri Manoj Kumar Jaiswal, counsel for the objector.

Heard on I.A. No.1 of 2022, application under Section 389(2) of Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 02/04/2022 passed by the Special Judge (SC

& ST (Prevention of Atrocities) Act, Raigarh (C.G.) in Special Criminal Case under

Atrocities Act No.67/2019, the appellant stands convicted and sentenced as under :-

                   Conviction                                   Sentences

                   Under Section 325 of I.P.C.                  R.I. for one year and fine of
                                                                Rs.1,000/-,

                   Under Section 506 Part I                     R.I. for three months

                   Under Section 3(2)(va) of                    R.I. for one year and fine of
                   SC/ST Act                                    Rs.1000/-
                                                               In default of payment of fine R.I.
                                                              for 10 -10 days.

                                                              All the sentences        are      run
                                                              concurrently.

Counsel for the State as well as counsel for the objector opposes the prayer for

grant of bail to the appellant.

Considering the facts and circumstances of the case, particularly considering the

short sentence awarded to the appellant i.e. one year R.I. he was on bail during trial,

he did not misuse the liberty so granted, disposal of this appeal is likely to take some

time, without further commenting on merit, 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.1 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 29th July, 2022 and thereafter shall appear before

the trial Court on a date to be given by the Registry and shall continue to appear there

on all such dates as are given to him by the said Court till disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

                              Sd/-                       (Gautam Chourdiya)
                                                              JUDGE

Kamde