Kamla Prasad Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6275 Chatt

                                                                                  NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1590 of 2022

 • Kamla Prasad Sahu S/o Ram Dulare Sahu Aged About 44 Years R/o Village Kasra
   Bachbhripara, Police Station Patna, District : Koriya (Baikunthpur), Chhattisgarh

                                                                          ---- Petitioner

                                      Versus

 • State Of Chhattisgarh Through P.S. Ajak Baikunthpur, District : Koriya
   (Baikunthpur), Chhattisgarh

                                                                        ---- Respondent

14/10/2022 Shri Vijay Kumar Sahu, counsel for the appellant.

Shri Sanjay Pathak, PL for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for records of the Court below.

Also heard on I.A. No. 01 which is an application filed by the appellant for suspension of sentence and grant of bail.

By the impugned judgment dated 24.09.2022 passed by the Special Judge SC/ST (Prevention of Atrocities) Act, Baikunthpur, district Koriya in Special Criminal Case No.53/2019 whereby the accused/appellant stands convicted under Sections 354 and 506(B) IPC and sentenced him to undergo RI for one year and fine of Rs. 500/- u/s. 354 IPC and to undergo RI for six months and to pay fine of Rs. 500/- u/s. 506(b) IPC plus default stipulations. Contention of the counsel for the appellant is that the maximum sentence which has been awarded to the appellant is of one year and he was on bail during trial. He submits that the appeal is likely to take some time for its final disposal therefore they may be released on bail.

On the other hand, counsel for the State opposes the bail application.

Considering the totality of the fact in particular the short sentence awarded to the appellant, without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the application is allowed.

It is directed that the 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 sum of Rs. 25,000/- with one surety in like sum to the satisfaction of the trial court for his appearance before the Registry of this Court on 10th January 2023 and thereafter continue to appear on all such subsequent dates as are given to him in that behalf till the disposal of this appeal.

List this appeal for final hearing in due course.

Sd/-

(Radhakishan Agrawal) Judge