Arvind Shriwas vs State Of Chhattisgarh
2022 Latest Caselaw 5706 Chatt

                                                                        NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 662 of 2022

 • Arvind Shriwas, S/o Gajanand Shriwas, Aged About 32 Years, R/o Village
   Ratanmahka, Police Station- Kharsiya, District- Raigarh, Chhattisgarh.

                                                              ---- Appellant

                                  Versus

 • State of Chhattisgarh Through Police Station- Janjgir, District- Janjgir-
   Champa, Chhattisgarh.

                                                            ---- Respondent

12/09/2022 Mr. Shailendra Kumar Bajpai and Mr. F.S. Khare, counsel for the Appellant.

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

Heard on I.A. No. 06/2022 which an application for suspension of sentence of imposing fine amount of Rs.50,000/-

By the impugned judgment dated 06.04.2022 passed by the learned Additional Sessions Judge Janjgir, District- Janjgir- Champa(C.G.) in Sessions Trial No. 21/2018, the appellant stands convicted as under:-

Conviction Sentence

U/s 376(2)(n) of IPC RI for 10 years and to pay fine amount of Rs. 50,000/- and in default of payment of fine further R.I. for 10 months

Learned counsel for the appellant would submit that the appellant is suffering from kidney disease and is undergoing regular treatment for it. The father of the appellant was also undergone operation and as such they are facing acute financial problem and, therefore, he is not able to deposit the fine amount of Rs.50,000/-. Therefore, execution of fine amount may also be suspended during the pendency of this appeal.

Per Contra, learned State counsel opposes the prayer.

Considering the facts and circumstances of the case, the admitted fact that the appellant is suffering from kidney disease and is undergoing treatment for it, the financial condition of the appellant, this Court finds present to be a fit case to suspend the execution of the fine amount i.e. Rs.25,000/-.

Accordingly, the application is allowed in part.

The appellant shall deposit the fine amount of Rs.25,000/- with the concerned trial Court and execution in respect of remaining fine amount shall remain suspended till final disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Rajani Dubey) Judge

Ruchi