Chattisgarh High Court
Shekhar Vastrakar vs The State Of Chhattisgarh on 21 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 376 of 2025
Shekhar Vastrakar S/o Ramnarayan Vastrakar Aged About 24 Years R/o Village Ganiyari, Ps
Kota, District Bilaspur C.G.
... Appellant
versus
The State Of Chhattisgarh Through District Magistrate, District Bilaspur C.G.
... Respondent
21.02.2025 Mr. Praveen Soni, Counsel for the Appellant.
Ms. Laxmin Kashyap, Panel Lawyer for the State.
Heard on admission as well as I.A. No. 01/2025, an
application under Section 430 of BNSS for suspension of
sentence and grant of bail.
Admit.
By virtue of the impugned judgment of conviction and order
of sentence dated 14.02.2025 passed by Special Judge, SC & Stt
(PoA) Act, 1989, District Bilaspur CG in case No. 121 of 2024 ,
whereby appellant has been convicted and sentenced as under:
Conviction Sentence
Under Section 34(1)(A)(F) 06 months SI with fine of Rs.
of CG Excise Act, 1915 10,000/- and Additional RI for
01 month in case of default of
payment of fine.
Under Section 34(2) of CG 01 year SI with fine of Rs.
Excise Act, 1915 25,000/- and additional RI for
2.5 months in case of default in
payment of fine.
Under Section 59(A) of CG Acquitted.
Excise Act, 1915
All the sentences to be run concurrently.
Learned Counsel appearing for the appellant contended
that the appellant has a prima facie good case in his favor and he
is hopeful to succeed on it. The appellant is in jail since
14.02.2025 ie. for total 04 months and 27 days. The disposal of
this Criminal appeal is likely to take long time. The appellant is
ready to abide all the terms and conditions which may be
imposed by this Hon'ble Court while suspending the jail sentence
of the appellant.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellant which connects
them with the crime and chain of circumstances are fully linked
and completed with each other.
I have heard learned counsel for the parties and perused
the record with utmost circumspection.
Considering the totality of the facts, in particular the short
sentence awarded to the appellant and the period of detention
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 substantive jail sentence imposed upon
the appellant by the learned trial court is hereby suspended. The
appellant by the learned trial court is hereby suspended. The
appellant shall be released on bail on his executing a bail bond of
Rs.10,000/- with one surety in the like amount to the satisfaction
of the concerned Trial court for his appearance before the
Registry of this Court on 11.03.2025. Thereafter, he shall appear
before the concerned 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 Trial Court, till
the final disposal of this appeal.
Consequently, IA No. 01/2025 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
