Prince Agnihotri vs State Of Chhattisgarh
2022 Latest Caselaw 6998 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              CRA No. 1604 of 2022

 Prince Agnihotri S/o Anil Agnihotri Aged About 35 Years R/o Mahuwapara Surajpur,
  Police Station And District - Surajpur, Chhattisgarh
                                                                          ---- Appellant
                                        Versus
 State Of Chhattisgarh Through Station House Officer, Police Of Police Station - Ajak
  Surajpur, District : Surajpur, Chhattisgarh



                                                                        ---Respondent

21.11.2022 Mr. Anil Gulati, counsel for the appellant.

Ms. Ishwari Gritlahre, Panel Lawyer for the State. Heard on application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 29.09.2022 passed by the learned Special Court, SCST (Prevention of Atrocities) Act, Surajpur, District- Surajpur (C.G.) in Special Case No. 4/2019, the appellant stands convicted, as under:-

                        Conviction                             Sentence
                 U/s 294 of IPC              : R.I. for 2 months


                 U/s    3(1)(S)    of    the : R.I. for 6 months and fine of Rs.200/-,
                 SCST Act                        in default of payment of fine, 10 days
                                                 R.I.

Learned counsel for the appellant would submit that there is

disputed facts involved in the finding recorded by the learned trial Court, the maximum jail sentence awarded to the appellant is RI for six months, the appellant has deposited the entire fine amount and the appeal being of the year 2022, final hearing of the same will likely to take time, therefore, the sentence awarded to the appellant may kindly be suspended.

On the other hand, the victim who has appeared before this Court pursuant to the direction of this Court as well as learned State counsel raised objection in releasing the appellant on bail. Learned State counsel would submit that the appellant is still continuing with the illegal act and torturing the victim, therefore, application for suspension of sentence may kindly be rejected.

I have heard learned counsel for the parties and perused the record.

Considering the facts that short sentence of six months has been awarded to the appellant and further considering the fact that the appeal being of the year 2022, final hearing of the same will likely to take time, I am inclined suspend the sentence of appeal and release him on bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 17 th January, 2023. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the

said court till the disposal of this appeal.

It is made clear that in future if any sort of complaint is received against the appellant, the suspension of sentence may be cancelled by this Court.

List this appeal for final hearing.

Sd/-

(Narendra Kumar Vyas) Judge

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