Citation : 2025 Latest Caselaw 3452 Chatt
Judgement Date : 2 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 676 of 2025
1 - Raju Khunte S/o Kanhaiya Lal Khunte Aged About 26 Years R/o Opposite
Kanklin Devi Mandir Baradwar Basti District - Sakit (C.G.)
... Appellant(s)
versus
1 - State of Chhattisgarh Through P.S. Baradwar District - Sakti (C.G.)
... Respondent(s)
Order on Board
02/04/2025 Mr. Sunil Kumar Soni, learned counsel for the appellant.
Ms. Binu Sharma, learned Panel Lawyer, appearing for the respondent/State.
The appeal is admitted for hearing.
Call for the record of the trial Court.
Heard on I.A. No. 01/2025, which is an application for under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail.
The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 11.03.2025, passed by First Additional Session Judge, Sakti In Sessions Trial
No. 58/2023, in the following manner with a direction to run all the sentences concurrently:-
Conviction Sentece
U/s 457/34 of IPC 02 Year R.I. with fine of Rs.
500/- in default where of 02
month R.I.
U/s 380/34 of IPC 02 Year RI with fine of Rs. 500/-
in default of where of 02
months R.I.
Learned counsel for the appellant would submit that the maximum sentence awarded to the appellant is of 02 years and out of which he has already undergone about 01 year and 07 month, the appeal is of the year 2025 and final adjudication of the appeal will take its own time, therefore, the sentence awarded to him may be suspended and he may be released on bail.
On the other hand, learned counsel for the State opposes and have submitted that there are 3 criminal antecedents against the appellant and he is not entitled for bail.
Considering the submissions made by learned counsel for the parties, considering the nature and further that the appellant was sentenced for total period of 02 years out of which he has already undergone 01 year and 07 month of his sentence, further that the final hearing of the appeal will take its own time, I am inclined to allow the application ans released the appellant on bail.
Accordingly, I.A. No. 01/2025, is allowed. 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 08.05.2025 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
SHARMA ALOK Date:
SHARMA 2025.04.03 12:11:53 +0530
Alok
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