Chattisgarh High Court
Harish Kumar Nishad @ Chhotu vs State Of Chhattisgarh on 6 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1413 of 2025
• Harish Kumar Nishad @ Chhotu S/o Ramkumar Nishad Aged About 28
Years R/o Village Dhowa, P.S. Pali, District Korba C.G. ... Appellant
versus
• State Of Chhattisgarh Through Station House Officer, Police Station Pali,
District Korba C.G. ... Respondent
(Cause title taken from Case Information System)
Order Sheet
06/08/2025 Mr. Ravipal Maheshwari, counsel for the appellant.
Mr. Karan Baharani, P.L. for the State/respondent.
This is an admitted appeal
Heard on I.A. No.1/2025, application under Section 430 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence
and grant of bail to the appellant.
By the impugned judgment of conviction and order of
sentence dated 19.06.2025 (Annexure-A/1) passed by the learned
Special Judge S.C./S.T. (Prevention of Atrocities) Act, 1989 Korba,
District Korba (C.G.) in Special Criminal Case No.39/2020, appellant
has been convicted and sentenced as under :-
S.No. Conviction Sentence
01. U/s. 324 of IPC R.I. for 2 years, fine of
Digitally
DEEPTI signed
by
JHA DEEPTI
NIRALA JHA
NIRALA
Rs.2,000/-, in default of
payment of fine, additional
R.I. for 2 months
02. U/s. 308 of IPC R.I. for 3 years, fine of
Rs.3,000/-, in default of
payment of fine, additional
R.I. for 3 months
03. U/s. 3(2) (v-a) of SC/ST R.I. for 3 years, fine of
(Prevention of Rs.3,000/-, in default of
Atrocities) Act payment of fine, additional
R.I. for 3 months
All sentences are to be run concurrently
Learned counsel for the appellant submits that appellant has
been convicted for maximum 3 years rigorous imprisonment with
fine. He further submits that appellant was in jail from 08.06.2020 to
19.08.2020, but at present the appellant is on bail and during also
he was on bail and never misused the liberty granted to him. It is
further submitted that fine amount, which was imposed upon the
appellant has already been paid, therefore, he prays that application
for suspension of sentence of the appellant may be allowed and
sentence may be suspended till the decision of this appeal.
Per contra, learned State counsel opposes the application for
suspension of sentence and grant of bail to the appellant.
Victim's husban (Panchram) appeared in person before this
Court and raised the objection in granting bail to the appellant.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration the facts of the case, particularly
considering the fact that appellant was on bail during trial and never
misused the liberty granted to him and also the fact that fine amount
imposed upon the appellant has already been paid. Considering the
totality of the facts, I feel inclined to allow the application for
suspension of sentence and grant of bail to the appellant.
In view of above, I.A. No.1/2025, application under Section
430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension
of sentence and grant of bail to the appellant is allowed.
The substantive jail sentence imposed upon the appellant by
the learned trial Court is hereby suspended. He shall be released on
bail on his executing a personal bond in the sum of Rs.25,000/- with
one surety of the like amount to the satisfaction of the concerned
trial Court for his appearance before the Registry of this Court on
12.09.2025. 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 appear there on all such subsequent dates as are given
to him by the said Court, interval being not less than 6 months, till
final disposal of this appeal.
List this matter for final hearing in its chronological order.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
