Chattisgarh High Court
Santosh Soni vs State Of Chhattisgarh on 28 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1772 of 2024
• Santosh Soni, S/o Rajendra Soni, Aged About 40 Years, R/o Keshla Road,
Atal Awas, Sitapur, Police Station Sitapur, District Surguja, Chhattisgarh.
... Appellant
versus
• State Of Chhattisgarh, Through Police Station Sitapur, District Surguja
Chhattisgarh.
... Respondent
(Cause title taken from Case Information System)
Order Sheet
28/01/2025 Mr. Kabir Kalwani, counsel appears on behalf of Mr. Manoj
Paranjpe, counsel for the appellant.
Mr. Ajay Kumrani, P.L. for the State/respondent.
This is an admitted appeal.
Heard on I.A. No.1/2024, application under Section 430 of
B.N.S.S., 2023 for suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 09.09.2024 (Annexure-A/1) passed by the learned
1st Upper Sessions Judge Ambikapur, District Surguja (C.G.) in
Sessions Trial No.140/2023, appellant has been convicted and
sentenced as under :-
S.No. Conviction Sentence
01. U/s. 306 of Indian R.I. for 5 years with fine of
Penal Code, 1860 Rs.1,000/- and in default of
payment of fine, further R.I.
for 3 months.
Learned counsel for the appellant submits that deceased was
the second wife of appellant, as they performed the love marriage.
He further submits that conviction is based upon the suicidal note of
deceased, which was written by her prior to 1 month of the incident.
It is further submitted that allegation against the appellant is
harassment made by him to the deceased, but it has not been
proved by the prosecution at all that act of abatement was caused to
the deceased by the appellant for commission of suicide. He further
submits that appellant is in jail since 21.06.2023, i.e., his date of
arrest and he has a good case to get success in appeal. Therefore,
he prays that application for suspension of sentence of the appellant
may be allowed and sentence may be suspended till the decision of
this appeal.
Per contra, learned State counsel, who is well assisted by the
counsel appearing for the objector submits that since appellant used
to commit assault upon deceased, therefore, on being harassed by
him, she committed suicide by hanging in her matrimonial home,
therefore, they further submits that impugned judgment is well
reasoned and based on evidence, hence, application for suspension
of sentence and grant of bail to the appellant is liable to be
dismissed.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration the facts of the case, particularly
considering the evidence adduced by the prosecution, also
considering the fact that said suicidal note was written prior to 1
month of the incident and further considering the core allegation, I
feel inclined to allow the application for suspension of sentence and
grant of bail to the appellant.
In view of above, I.A. No.1/2024, application under Section
430 of B.N.S.S., 2023 for suspension of sentence and grant of bail
is allowed.
The substantive jail sentence imposed upon the appellant by
the learned trial Court is hereby suspended. He shall be released on
bail on his executing a personal bond in the sum of Rs.25,000/ with
one surety of the like amount to the satisfaction of the concerned
trial Court for his appearance before the Registry of this Court on
03.03.2025. He shall thereafter 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 said Court, interval being not less than 6 months, till
final disposal of this appeal.
List this matter thereafter.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI
DEEPTI JHA
JHA NIRALA
NIRALA Date:
2025.01.29
13:22:57
+0530
