Parasram Baiga vs State Of Chhattisgarh
2025 Latest Caselaw 3601 Chatt

Chattisgarh High Court

Parasram Baiga vs State Of Chhattisgarh on 9 April, 2025

                                      1




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                           CRA No. 2088 of 2024

1 - Parasram Baiga S/o Shri Lamu Baiga Aged About 35 Years R/o Village
Bhedagarh, P.S. Kukdur, District Kabirdham, Chhattisgarh.
                                                               ... appellant


                                  versus
1 - State Of Chhattisgarh Through Police Station Kukdur, District
Kabirdham, Chhattisgarh.
                                                             ... Respondent

Order Sheet

09/04/2025 Mr. Mahesh Kumar Mishra, learned counsel appearing for the appellant.

Mr. Karan Kumar Baharani, learned Panel Lawyer, appearing for the State / respondent .

Appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on the application for suspension of sentence and grant of bail (IA No. 1).

The appellant has been convicted and sentenced by judgment dated 09.10.2024, passed in special Electricity Sessions Case No. 869 of 2021 passed by the learned Special Judge (Electricity Act), District- Kabirdham (C.G.) as under:

         No.     Conviction Under                    Sentence
                     Section

         1.     135(1)(a)     of         the R.I. for 6 months and
                Electricity Act              fine of 300/- in default of
                                             payment of fine amount
                                             further R.I. for 15 days

         2.     304(a) of IPC                R.I. for 6 months and
                                             fine of Rs. 300/- and in
                                             default of Payment of
                                             fine amount further R. I.
                                             for 15 days

All the sentences were ordered to run concurrently.

Learned Counsel for the convict/appellant submits that the appellant has been falsely implicated in the present case. He submits that the total period of sentence awarded to the appellant is up to six months. ,The appellant was on bail during trial and had never misused the liberty during bail period; after convicting the appellant, the learned trial Court has suspended the sentence and released the appellant on bail for limited period. Presently he is in jail since 09.10.2024. The appeal is of the year 2024 and final adjudication of the same will take its own time, hence it is prayed that the appellant be enlarged on bail.

On the other hand, learned counsel for the

State/respondent has opposed the bail application.

I have heard learned counsel for the parties and perused the records of the Court below.

Considering the submission made by learned counsel for the parties, considering the nature of allegation as well as the period of sentence awarded to the appellant further considering that during trial he was on bail and further the appellant is in jail since 09.10.2024 and final hearing of this appeal would take some time, I deem it appropriate to allow the application for suspension of sentence and grant of bail to the appellant.

Accordingly, the substantive jail sentence awarded to appellant- Parasram Baiga by the learned trial Court is hereby suspended. He shall be released on bail his executing bail bond alongwith one surety of Rs. 25,000/- to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 13.06.2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and shall continue to Digitally signed by appear there on all such subsequent dates as are given to AMITA DUBEY them by the said Court, interval being not less than 6 months, Date: till final disposal of this appeal. Consequently, I.A. No. 1 2025.04.09 18:23:07 stands disposed of.

+0530 List this matter for final hearing.

Certified copy, as per rules.

amita                                                         Sd/-
                                                     (Ravindra Kumar Agrawal)
                                                               JUDGE