Surendra Singh Saluja @ Chotu ... vs The State Of Chhattisgarh
2022 Latest Caselaw 6289 Chatt

                                                                              NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1574 of 2022

 Surendra Singh Saluja @ Chotu Sardar, S/o Devendra Singh Saluja, aged about
  38 Years, R/o Civil Line, Manendragarh P.S. Manendragarh, District Koriya,
  Chhattisgarh.

                                                                         ----Appellant

                                       Versus

 The State of Chhattisgarh, Through District Magistrate, Baikunthpur, District
  Koriya, Chhattisgarh.

                                                                      ---- Respondent

14/10/2022 Mr. Pragalbha Sharma, counsel for the appellant.

Mr. Sanjay Pathak, P.L. for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on I.A. No.1 of 2022, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 22.09.2022 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, Baikunthpur, District Koriya, C.G. in Special Criminal Case

No.28/2019, the appellant stands convicted and sentenced as under:

Conviction Sentence

Under Section 34 (2) of C.G. Excise Rigorous Imprisonment for one Act, 1915 year and fine of Rs.25,000/-, in default of payment of fine amount to undergo further additional simple imprisonment for six months

Under Section 332 of Indian Penal Rigorous Imprisonment for six Code months and fine of Rs.500/-, in default of payment of fine amount to undergo further additional simple imprisonment for one month

Under Section 3 of Prevention of Rigorous Imprisonment for six Damage to Public Property Act, months and fine of Rs.500/-, in 1984 default of payment of fine amount to undergo further additional simple imprisonment for one month

(All sentences were directed to run concurrently)

Learned counsel for the appellant submits that the trial Court has not

properly appreciated the overall evidence available on record for holding

the appellant guilty. He further submits that there are major contradictions

and omissions in the statements of the prosecution witnesses. The

appellant was on bail during trial and did not misuse the liberty granted to

him and after passing of the impugned judgment he is in jail. The disposal

of the appeal is likely to take some time. Therefore, the appellant be

released on bail.

On the other hand, learned counsel for State opposes the bail

application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, in particular

the fact that the maximum sentence awarded to the appellant is of one

year, the fact that the appellant was on bail during trial and even after

passing of the impugned judgment for a limited period and did not misuse

the liberty granted to him and that disposal of this appeal is likely to take some time, without expressing any opinion on the merits of the case, 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.01 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.25,000/- with one surety of the like sum to the satisfaction

of the trial Court. He shall appear before the Registry of this Court on

06.12.2022 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.

Sd/-

(Radhakishan Agrawal) Judge

Akhilesh