Chattisgarh High Court
Baldev Kumar Dhruv vs State Of Chhattisgarh on 6 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1578 of 2025
1 - Baldev Kumar Dhruv S/o Late Of Ramdev Dhruv Aged
About 32 Years R/o Village Sonadeeh, Ward No. 10, Police
Station Kotwali Balodabazar, District- Balodabazar-
Bhatapara Chhattisgarh.
2 - Santosh Dhruv (Netam) S/o Dasharu Dhruv Aged About
38 Years R/o Village Sonadeeh, Ward No. 10, Police Station
Kotwali Balodabazar, District- Balodabazar- Bhatapara
Chhattisgarh.
... Appellants
versus
1 - State Of Chhattisgarh Through- Police Station Kotwali
Balodabazar, District- Balodabazar- Bhatapara Chhattisgarh.
... Respondent
06/08/2025 Mr. Ramsajiwan, counsel for the appellants.
Mr. Vivek Mishra, P.L. for the State/respondent.
Heard on admission.
Admit.
Also heard on I.A. No. 01/2025, application under
Section 430 of BNSS for suspension of sentence and
grant of bail.
By the impugned judgment dated 23.07.2025
passed by learned Sessions Judge, District -
Balodabazar-Bhatapara (C.G.) in S.T. No. 19/2024,
whereby the appellants has been convicted and
sentenced as under:-
Conviction Sentence
U/s 294 of IPC Fine of Rs. 500/-, in default of payment
(for appellant of fine amount S.I. for 15 days.
No.1)
U/s 324/34 of R.I. for 2 years and fine of Rs. 1,000/-,
IPC (for both in default of payment of fine amount
the appellants) additional S.I. for 30 days.
Learned counsel for the appellants submits that
the appellants are innocent and has falsely been
implicated in the case, and there is no material evidence
against the appellants. He also submits that the
appellants are already on bail, and they have already
deposited the fine amount imposed upon them and a
maximum sentence of 2 years has been awarded to the
appellants, out of which appellant No. 1 Baldev Kumar
Dhruv has already served the jail sentence of about 4
months (from 20.12.2023 to 24.04.2024) and appellant
No. 2 Santosh Dhruv (Netam) has already served the jail
sentence of about 8 days (from 20.12.2023 to
28.12.2023) during trial, and the conclusion of this
appeal is likely to take considerable time. Therefore, the
jail sentence of the appellants may be suspended till the
final disposal of the case.
On the other hand, learned State counsel opposes
the bail application.
Considering the facts and circumstances of the
case and also considering the fact that maximum
sentence of 2 years has been awarded to the appellants
out of which appellant No. 1 Baldev Kumar Dhruv has
already served the jail sentence of about 4 months (from
20.12.2023 to 24.04.2024) and appellant No. 2 Santosh
Dhruv (Netam) has already served the jail sentence of
about 8 days (from 20.12.2023 to 28.12.2023) during
trial and the appellants are already on bail, the fine
amount has already been deposited by them, and the
final disposal of this appeal is likely to take considerable
time, therefore, I am inclined to allow the application.
Accordingly, the application (I.A. No. 01/2025) is
allowed. It is directed that the substantive jail sentence
imposed upon the appellants shall remain suspended
till final disposal of this case on their executing a
personal bond for a sum of Rs. 25,000/- each with one
surety for the like sum to the satisfaction of the trial
Court for their appearance before the Registry of this
Court on 6th October, 2025. They shall thereafter
appear before the concerned trial Court on a date to be
given by the Registry of this Court and thereafter,
continue to appear before the trial Court on all such
subsequent dates as are given to them by the said Court
till disposal of this appeal.
Call for the records of the trial Court.
List this case for final hearing in its chronological
order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
