Dinanath Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1104 Chatt

Chattisgarh High Court

Dinanath Sahu vs State Of Chhattisgarh on 5 August, 2025

                                                     1




                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRA No. 1470 of 2025
                    1 - Dinanath Sahu S/o Umendram Sahu Aged About 43 Years
                    R/o Birgahni (Ch) Police Station Janjgir, District : Janjgir-
                    Champa, Chhattisgarh.
                                                                      ... Appellant
                                                 versus
                    1 - State Of Chhattisgarh Through Police Station Janjgir,
                    District : Janjgir-Champa, Chhattisgarh.
                                                                    ... Respondent

05/08/2025 Mr. F.S. Khare, counsel for the appellant.

Mr. Pranjal Shukla, P.L. for the State/respondent.

Heard on admission.

Admit.

Record of the trial Court has been received.

Also heard on I.A. No.01/2025, application under Section 430(2) of B.N.S.S. for suspension of sentence and grant of bail.

By the impugned judgment dated 02.07.2025

passed by learned 5th Additional Sessions Judge,

Janjgir, District - Janjgir-Champa (C.G.) in S.T. No. 26/2024, the appellant has been convicted for the offence punishable under Section 307 of IPC and sentenced as under:-

Conviction Sentence U/s 307 of IPC R.I. for 7 years and fine of Rs. 1000/-, in default of payment of fine amount additional R.I. 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. He also submits that the appellant was in jail from 30.11.2023 to 11.03.2024 and at present he is in jail since 02.07.2025 and has already served the jail sentence of about 5 months, and the conclusion of this appeal is likely to take considerable time. Therefore, the jail sentence of the appellant may be suspended till the final disposal of the case, and he may be released on bail.

On the other hand, learned State counsel opposes the bail application and submits that the appellant has 14 criminal antecedents and there are 27 preventive proceedings against him. He also submits that as per the MLC report (Ex.P-15) given by Dr. Prachi Jagade (PW-9), there was a penetrating chest injury and two stab wounds which were serious in nature; therefore, looking to the gravity of the offence, the appellant may not be enlarged on bail.

Considering the facts and circumstances of the case, and also considering the evidence collected by the prosecution against the appellant and the gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to suspend the jail sentence of the appellant.

Accordingly, the application (I.A. No. 01/2025) is rejected.

List this case for final hearing after eight weeks.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu