Chattisgarh High Court
Santosh Das Vaishnav vs State Of Chhattisgarh on 27 May, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1022 of 2025
1 - Santosh Das Vaishnav S/o Late Gautam Vaishnav Aged
About 30 Years R/o Ward No. 01, Virendra Nagar, Saraipali,
District Mahasamund (C.G.).
... Appellant
versus
1 - State of Chhattisgarh, Through: Station House Officer of
Police Station- Saraipali, District Mahasamund (C.G.).
... Respondent
27.05.2025 Mr. Suresh Tandan, counsel for the appellant.
Mr. Sanjeev Pandey, Dy. A.G. for the State.
Heard on admission.
Admit.
Also heard on I.A. No.01/2025, application for
suspension of sentence and grant of bail under Section
430 of BNSS.
By the impugned judgment dated 08.05.2025
passed by learned Special Judge SC & ST (Prevention
of Atrocities) Act, 1989, Mahasamund (C.G.) in Special
Criminal Case No. 3/2024, whereby the appellant has
been convicted for the offence punishable under
Sections 323 and 325 of the IPC, and sentenced as
under:-
Conviction Sentence
U/s 323 of IPC Fine of Rs. 1,000/- in default of payment
of fine amount imprisonment for 2
months.
U/s 325 of IPC R.I. for 3 years and fine of Rs. 1,000/- in
default of payment of fine amount
additional imprisonment for 3 months.
Learned counsel for the appellant submits that
the appellant is innocent and is falsely implicated in
the case, and there is no material evidence against the
appellant. There is a material omission and
contradiction in the evidence of prosecution witnesses.
He also submits that the appellant is already on bail,
and he has already deposited the fine amount imposed
upon him, and only 3 years jail sentence has been
awarded to him. Therefore, the jail sentence of the
appellant may be suspended till the final disposal of
the case.
On the other hand, learned State counsel opposes
the bail application.
Considering the facts and circumstances of the
case and also considering the fact that the appellant is
already on bail and the fine amount has already been
deposited, the application is allowed and it is directed
that the substantive jail sentence imposed upon the
appellant shall remain suspended on his executing a
personal bond for a sum of Rs. 25,000/- with one
surety for the like sum to the satisfaction of the trial
Court for his appearance before the Registry of this
Court on 27th June, 2025. He shall thereafter appear
before the concerned trial Court on a date to be given
by the Registry of this Court and thereafter, continue
to appear before the trial Court on all such subsequent
dates as are given to him by the said Court till disposal
of this appeal.
Call for the records of the trial Court.
List this case for final hearing in its chronological
order.
Accordingly, I.A. No. 03/2025, application for
hearing during summer vacation and I.A. No. 02/2025,
application for urgent hearing stand disposed of.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
H.L. Sahu
Vacation Judge
