Chattisgarh High Court
Pankaj Gupta vs State Of C.G on 22 September, 2025
Digitally signed
by ALOK
SHARMA
ALOK Date:
SHARMA 2025.09.22
19:51:48
+0530 1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1768 of 2025
1 - Pankaj Gupta S/o - Shri Ramchandra Gupta, Aged About 38 Years R/o- Ward
No. 02, Mouharpara, Police Station - Manendragarh, District - Koriya (C.G.)
(Now District - Manendragarh-Chirmiri-Bharatpur (C.G.))
... Appellant(s)
versus
1 - State Of C.G. Through Police Station - Ajk, Baikunthpur, District - Koriya
(C.G.)
... Respondent(s)
Order Sheet 22/09/2025 Mr. Pawan Shrivastava, learned counsel for the appellant. Mr. Laxmeen Kashyap, learned Panel Lawyer, appearing for the Respondent/State.
Pursuant to the order dated 02.09.2025, the complainant appeared through virtual mode from DLSA, Manendragarh and raised objection in granting bail to the appellant, his objection is taken on record.
Also heard on I.A. No. 01/2025, which is an application under Section 430(1) of BNSS for suspension of sentence and 2 grant of bail.
This appeal has been filed being aggrieved by judgment of conviction and sentence dated 08.07.2025 passed by Special Judge, Under SC/ST (Prevention of Atrocities) Act, Baikunthpur, District Koriya (C.G.) in Special Criminal (under SC/ST Act) Case No. 44/2020, whereby the appellant has been convicted and sentenced in the following manner :-
Conviction Sentence
U/s 452 r/w -34 of IPC Till then rising of the court and
fine of Rs. 500/-, in default of
payment of fine imprisonment
for 20 days.
U/s-294 of IPC Till then rising of the court and
fine of Rs. 200/-, in default of
payment of fine imprisonment
for 15 days.
U/s 506 Part-2 of IPC (twice) Till then rising of the court and
fine of Rs. 400/- (to each Rs.
200/-), in default of payment of
fine imprisonment for 15 days.
U/s-323 r/w-34 of IPC (twice) Till then rising of the court and
fine of Rs. 2,000/- ( to each of
Rs. 1,000/-), in default of
payment of fine imprisonment
for 30 days.
3
U/s-(3)(1)(r) of SC/ST Imprisonment for 06 months
(Prevention of Atrocities) Act, and fine of Rs. 200/-, in default
of payment of fine
imprisonment for 15 days.
U/s-3(1)(s) of SC/ST Imprisonment for 06 months
(Prevention of Atrocities) Act, and fine of Rs. 200/- in default
of payment of fine
Imprisonment for 15 days.
Learned counsel for the appellant would submit that the total period of sentence awarded to the appellant is of 06 months. During trial he was on bail and even after his conviction and sentence the learned trial Court has suspended the sentence and granted bail for a limited period. The appeal is of the year 2025 and final adjudication of the appeal will take its own time, therefore, he may be released on bail.
On the other hand, learned counsel appearing for the Respondent/State opposes.
Considering the submissions made by learned counsel for the parties, considering the period of sentence awarded to the appellant and the he was on bail during trial. The appeal is of the year 2025 and final adjudication of the appeal will take its own time, I am inclined to release the appellant on bail.
Accordingly, I.A. No. 01/2025, is allowed. 4
It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 04.11.2025 and thereafter appear before the concerned trial Court on a date to be fixed 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, till disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Ravindra Kumar Agrawal) Judge Alok