Citation : 2025 Latest Caselaw 13 Chatt
Judgement Date : 1 April, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 547 of 2025
1 - Suraj Gupta S/o Manoj Gupta Aged About 21 Years R/o Chandra Nagar Colony P.S.
Chakradharnagar Tehsil And District - Raigarh (C.G.)
... Appellant(s)
versus
1 - State Of Chhattisgarh Through Station House Officer Police Station
Chakradharnagar District- Raigarh (Chhattisgarh)
... Respondent(s)
Order Sheet
01/04/2025 Mr. Chandresh Shrivastava, Counsel for the appellant.
Mr. Neeraj Sharma, Dy. G.A. for the State. Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.
By the impugned judgment and conviction dated 24.02.2025 passed by the 2nd Additional Sessions Judge, Raigarh (C.G.) passed in Sessions Case No.
82/2024, the appellant stands convicted as under:
Conviction Sentence
U/s 452/34 of IPC R.I. for 3 years and fine of
Rs. 5000/-, in default of
payment of fine, additional
R.I. for 3 months.
U/s 324 of IPC R.I. for 3 years and fine of
Rs. 5000/-, in default of
payment of fine, additional
R.I. for 3 months.
Learned Counsel for the Appellant contended that the appellant has prima facie good case in his favor and he is hopeful to succeed on it. The applicant was on bail during trial. The disposal of this Criminal Appeal is likely to take long time. The appellant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the applicant.
Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other.
I have heard learned Counsel for the parties and perused the record with utmost circumspection.
Considering the totality of the facts, in particular the short sentence awarded to the appellant and he has not misused the liberty granted by the concerned Court and the period of detention without further commenting on merits, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.
Accordingly, the substantive jail sentence imposed upon the Appellant by the learned Trial Court is hereby suspended. The appellant shall be released on bail on his executing a bail bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 01.05.2025. Thereafter, he shall 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 Trial Court, till final disposal of this appeal.
Consequently, I.A. No. 01/2025 stands allowed. List this case for final hearing in due course.
SD/-
(Arvind Kumar Verma) Judge
Madhurima
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