Chattisgarh High Court
Rituraj Bharti vs State Of Chhattisgarh on 31 January, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1766 of 2024
• Rituraj Bharti, S/o. Late Vinod Bharti, aged about 23 years, R/o.
Vikasnagar Kondagaon, Police Station & District Kondagaon,
Chhattisgarh
... Appellant
versus
• State of Chhattisgarh, through : Police Station Kondagaon, District
Kondagaon Chhattisgarh
... Respondent
(Cause title taken from Case Information System)
Order Sheet
31/01/2025 Mr. Shubhank Tiwari, counsel for the appellant.
Mr. Ajay Kumrani, Panel Lawyer for the State /
respondent.
Heard.
Admit.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of
State/respondent, therefore, issuance of notice to it, is dispensed
with.
Record of the trial Court has been received.
Heard on I.A. No. 2/2024, which is an application under
Section 430 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023
for suspension of sentence and for grant of bail to the appellant
during pendency of the appeal.
Counsel for the appellant submits that he does not want to
press I.A. No. 2/2024 because of some clerical mistake in the
said application.
Counsel for the State has no objection to allow the said
application.
Accordingly, I.A. No. 2/2024 is dismissed as not pressed.
Also heard on I.A. No. 1, which is an application for grant
of stay.
By the impugned judgment of conviction and order of
sentence dated 07.08.2024 passed by Special Judge SC/ST
(PA) Act, 1989, Kondagaon in Special Criminal Case (PA) Act
1989 No. 08/2022, the appellant has been convicted for the
offence under Section 323 of the IPC and sentenced only to pay
fine of Rs.1,000/-, in default of payment of fine, to further
undergo additional RI for one month.
Counsel for the appellant would submit that appellant was
on bail during trial and he never misused the liberty granted to
him during trial. He submits that sentence imposed by the
learned Special Judge is only fine of Rs.1,000/-. He further
submits that appellant is government employee, posted on the
post of A.G. III in the District Court, Kondagaon. At the time of
incident, he was not appointed on the aforesaid said post. It is
contended that if the impugned judgment of conviction and order
of sentence is not stayed, then it would adversely affect the
service carrier of the appellant, therefore, it is prayed that
conviction and sentence part of the impugned judgment may be
stayed.
On the other hand, counsel for the State opposes the
prayer made by counsel for the appellant.
I have heard learned counsel for the parties and perused
the record of the trial Court carefully.
Having considered the fact that appellant has been
convicted for the offence under Section 323 of the IPC and has
been sentenced to pay fine of Rs.1,000/- only and considering
the fact that appellant is said to be Government employee,
hence, I.A. No. 1/2024, application for grant of stay deserves to
be allowed.
Consequently, I.A. No. 1/2024, application for grant of stay
is allowed and conviction and sentence part of the impugned
judgment dated 7.8.2024 passed by Special Judge Special
Judge SC/ST (PA) Act, 1989, Kondagaon in Special Criminal
Case (PA) Act 1989 No. 08/2022 is stayed till disposal of the
appeal on appellant's 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 04th March, 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.
Certified copy, as per rules.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Amit
AMIT AMIT KUMAR
KUMAR DUBEY
Date: 2025.02.04
DUBEY 17:16:04 +0530
