Chattisgarh High Court
Saroj Kumar Yadav vs State Of Chhattisgarh on 14 November, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1546 of 2022
Saroj Kumar Yadav, Aged about 21 years, S/o Aktiram Yadav, R/o Village Asounda
P.S. Sakti, District : Janjgir-Champa, Chhattisgarh
---- Appellant
Versus
State of Chhattisgarh Through P.S. Sakti, District : Janjgir-Champa, Chhattisgarh
---- Respondent
14/11/2022 Mr.F.S. Khare, Advocate for the appellant.
Ms. Ishwari Ghritlahare, PL for the State.
Mr. Anup Singh, complainant is present.
Heard on application (I.A. No. 01/2022) for suspension of sentence
and grant of bail to the appellant.
By the impugned Judgment dated 16.09.2022, passed by learned
Special Judge (constituted u/s 14 of Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Act 1989, Janjgir District Janjgir Champa
(C.G.) in Special Sessions Case No. 21/2021, the appellant stands
convicted and sentenced as under:
Conviction Sentence
U/s. 294 IPC Fine of Rs. 500/- and in default of
payment of fine additional SI for 10
days.
U/s. 325 IPC read with section RI for 6 months and fine of Rs. 1000/-
3(2)(V-A) of the Scheduled in default of fine additional SI for 20
Caste and Scheduled Tribe days.
(Prevention of Atrocities) Act
1989.
Learned counsel for the appellant submits that the appellant is on
bail during trial and after conviction, the appellant has been granted
interim bail upto 14.10.2022 by the trial Court and he did not misuse the
liberty granted to him, therefore, application filed under Section 389(2) for
suspension of sentence and grant of bail may be considered.
On the other hand, learned State Counsel opposes application filed
under Section 389(2) CrPC for suspension of sentence and grant of bail.
In pursuance of notice issued by this Court for appearance of the
victim/complainant, he has appeared before this Court and made
statement that the bail may not be granted to the appellant, as he is
creating pressure tactics on him.
I have heard learned counsel for the parties.
Considering the facts and circumstances of the case, particularly
considering the short sentence awarded to the appellant and fine amount
has already been deposited by him and final hearing of this appeal is
likely to take considerable time, hence, I feel inclined to allow I.A.
No.01/2022.
Accordingly, the application is allowed.
It is directed that the 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 for a sum
of Rs. 25,000/- with one surety for the like sum to the satisfaction of the
Trial Court for his appearance before the Registry of this Court on
05.01.2023. He shall thereafter continue to appear before the Registry of
this Court on all such subsequent dates are are given to him by the
Registry of this Court till the disposal of this appeal.
It is made clear that if the appellant adopts pressure tactics on the
complainant then the bail granted by this Court shall stand cancelled.
Sd/-
(Narendra Kumar Vyas)
Judge
santosh
