Ashish @ Harish Sontakke vs State Of Chhattisgarh
2025 Latest Caselaw 2313 Chatt

Chattisgarh High Court

Ashish @ Harish Sontakke vs State Of Chhattisgarh on 6 March, 2025

                                                      1




                             HIGH COURT OF CHHATTISGARH AT BILASPUR
         Digitally
         signed by
         VAISHALI
VAISHALI LUCKY

                                            CRA No. 445 of 2025
LUCKY    NAGARIA
NAGARIA Date:
         2025.03.07
         18:15:03

                       •
         +0530
                           Ashish @ Harish Sontakke S/o Late Naresh Sontakke Aged
                           About 26 Years R/o Motipur, Azad Chowk, Ward No. 03,
                           Outpost- Chikhli, Rajnandgaon, District- Rajnandgaon (C.G.)
                                                                            ...Appellant
                                                    versus
                       •   State Of Chhattisgarh Through- Station House Officer, Police
                           Station - Kotwali, Outpost- Chikhli, Dist.- Rajnandgaon (C.G.)
                                                                          ... Respondent

Order on Board

06/03/2025 Mr. Abhishek Saraf, Advocate for the Appellant.

Mr. Karan Kumar Behrani, Panel Lawyer for the State.

Heard on I.A. No.01 of 2025, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 14.02.2025

passed by the learned 1st Upper Sessions Judge,

Rajnandgaon, District - Rajnandgaon (C.G.) in

Sessions Trial No. 37 of 2021 the accused/appellant

stands convicted and sentenced as under:

         Offence                              Sentence
 U/s 307 of IPC                      R.I. for 3 years and fine

                                     of Rs. 2,000/- in default

                                     of payment of fine further

                          R.I. for one month.

The sentence is ordered to run concurrently.

Prosecution story in brief is that on

14.12.2020, during 10:15 P.M, the injured Naveen

Kumar Barley (injured) along with his wife towards

Satnami Samaj Bhawan at that point of time

appellant assaulted on right portion of neck by

means and also on right shoulder (backside)

thereafter, F.I.R. was registered against the

appellant under Section 307 of IPC.

Learned counsel for the appellant submits that

appellant has been falsely implicated in this case, he

has not committed any offence as alleged against

him. Maximum jail sentence awarded to appellant is

three years, During that appellant was on bail and

he has not misused the liberty granted earlier.

Appeal may take some time for final hearing, hence,

sentence awarded to appellant may be suspended

and he may be enlarge on bail.

Learned State counsel opposing the

submission of counsel for the appellant.

Heard learned counsel for the parties.

Considering the facts and circumstances of the

case, submissions of counsel for the parties,

maximum period of jail sentence awarded to

appellant, further the fact that during trial,

appellant was on bail and he has not misused the

liberty granted to him earlier, appeal may take some

time for final hearing, I am of the view that present

is a fit case to suspend sentence and release the

appellant on bail.

Accordingly, I.A. No.1, application for

suspension of sentence and grant of bail to

appellant is allowed. It is directed that execution of

substantive jail sentences imposed on appellant

shall remain suspended and he be released on bail

on his executing a personal bond for a sum

Rs.10,000/- with one surety for the like sum to the

satisfaction of the Trial Court for his appearance

before the Registry of his Court on 17.04.2025. He

shall thereafter appear before the Trial Court on a

date to be given by the Registry of this Court and

shall continue to appear there on all such other

subsequent dates as are given to him by the said

Court, till disposal of this appeal.

Certified copy, as per rules.

Sd/-

(Arvind Kumar Verma) JUDGE

vaishali