Santosh Kumar Gupta vs State Of Chhattisgarh
2022 Latest Caselaw 5560 Chatt

                                                                                   NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 1387 of 2022

  • Santosh Kumar Gupta S/o Shri Gendram Gupta, Aged About 45 Years, R/o
    Village - Rahaud, Ward No. 06, P. S. Sheorinarayan, District Janjgir - Champa
    Chhattisgarh.

                                                                          ---- Appellant

                                        Versus

  • State Of Chhattisgarh Through Station House Officer,                  Police   Station
    Sheorinarayan, District Janjgir - Champa Chhattisgarh

                                                                        ---- Respondent

06.09.2022 Mr. Atul Kumar Kesharwani, counsel for the Appellant.

Mr. Raghvendra Verma, G.A. for the State.

Heard on admission.

Admit.

Call for the record of the court below.

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

By the impugned judgment dated 17.08.2022 passed by learned Additional Sessions Judge (FTC), Janjgir, District Janjgir- Champa (C.G.) in Sessions Case No. 31/2019 whereby the learned Judge acquitted the appellant of the offence punishable under Section 306 of IPC and convicted him for the offence punishable under Section 498(A) of IPC and sentenced him to undergo R.I. for 2 years with fine of Rs. 500/- with default stipulation.

Learned counsel for the applicant would submit that the trial Court has convicted the appellant without there being any legally admissible evidence against him. The trial court erred in believing the FSL Report produced by the prosecution. The appellant was on bail during trial and also at present he is on bail, he has deposited the fine amount, therefore, the appellant may be released on bail during the pendency of this appeal.

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

I have heard learned counsel for both the parties.

Considering the facts and circumstances of the case, nature and quality of the evidence available on record, further considering the sentence imposed upon him by the Court below, without further commenting on merits of the case, I am inclined to release the applicant on bail.

Accordingly, I.A. No. 01/2022, application for suspension of sentence and grant of bail 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 local surety in the like sum to the satisfaction of the trial Court for his appearance before the trial Court on 13th October 2022, and thereafter, shall continue to appear on all subsequent dates given to him by the trial Court till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

V/-