Rajbir Khatri vs State Of Chhattisgarh
2022 Latest Caselaw 3234 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet


                                  CRA No. 746 of 2022


   Rajbir Khatri, S/o Rampat Khatri, Aged About 45 Years, R/o Ward No. 8,
    Satnami Para Berla, P.S. Berla, District : Bemetara, Chhattisgarh.
                                                                       ---- Appellant
                                       Versus
   State of Chhattisgarh, Through Station House Officer, Berla, District :
    Bemetara, Chhattisgarh.                                          ---- Respondent

04.05.2022 Shri Y. C. Sharma, Senior Advocate with Shri Vivek Sharma, counsel for the appellant.

Shri Shrikant Kaushik, P.L. for the respondent.

Shri Umakant Singh Chandel, counsel for the objector.

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

The appellant has been convicted and sentenced by the judgment

of conviction and order of sentence dated02.04.2022 passed in Sessions

Case No. 40/2020 by the First Additional Sessions Judge (FTC).

Bemetara, District- Bemetara (C.G.) as under:-

Conviction Sentence Under Section 498 (A) of IPC R.I. for 2 years with fine of Rs.

500-500/- and default in payment of fine amount additional R.I. for 15 days.

Under Section 376/511 of IPC R.I. for 5 years with fine of Rs.

500/- and default in payment of fine amount additional R.I. for 15 days.

Under Section 354/511 of IPC R.I. for 1 year with fine of Rs.

500/- and default in payment of fine amount additional R.I. for 15 days.

Under Section 3 of Dowry R.I. for 5-5 years with fine of Prohibition Act Rs. 15,000-15,000/- and default in payment of fine amount additional R.I. for 3-3 months.

Under Section 4 of Dowry R.I. for 6-6 months with fine of Prohibition Act Rs. 500-500/- and default in payment of fine amount additional R.I. for 15 days.

Considering the facts & circumstances of the case, the maximum

sentence awarded to the appellant is 5 years, the detention period of the

appellants more than 30 days, who is 45 years, the fact that

complainant/victim has appeared before this Court alongwith her father &

her counsel, both have raised no objection to release of the appellant on

bail, both the parties are ready to settle their dispute amicably, final

disposal of this appeal is likely to take some time, without commenting

anything on merits of the case, the application (IA. No.1/2022) 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 05.08.2022 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 alongiwth CRA No. 660/2022.

Sd/-

(Gautam Chourdiya) Judge

Nadim