Citation : 2025 Latest Caselaw 1630 Chatt
Judgement Date : 8 August, 2025
1/4
Digitally signed
by BHOLA NATH
KHATAI
Date: 2025.08.11
10:52:18 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1380 of 2025
Karan Yadav S/o Pitambar Yadav, Aged About 19 Years R/o Village
Mudapara Narayanpur, P.S. Lailunga, District Raigarh (Chhattisgarh)
... Appellant
versus
State Of Chhattisgarh Through P.S. Lailunga, District Raigarh
(Chhattisgarh)
... Respondent
Order Sheet
08/08/2025 Mr. Sanjay Agrawal, counsel for appellant.
Mr. Karan Kumar Baharani, P.L. for State.
Heard on I.A. No.01/2025, application under Section 430 of BNSS for suspension of sentence.
By the impugned judgment dated 09.07.2025 passed by learned Special Judge [SC & ST (PA), Act] Raigarh, District Raipur (CG) in Special Criminal Case under the Atrocities Act No.22/2024, the appellant has been convicted and sentenced as under:-
Conviction Sentence U/s 354 (A)(i)(ii) of R.I. for 3 years and fine of Rs.
1,000/-, in default of payment of IPC fine, additional R.I. for 3 months.
U/s 354 (C) of IPC R.I. for 3 years and fine of Rs.
1,000/-, in default of payment of fine, additional R.I. for 3 months.
U/s 354(D)(1) of IPC R.I. for 3 years and fine of Rs.
1,000/-, in default of payment of fine, additional R.I. for 3 months.
U/s 506 - II of IPC R.I. for 3 years and fine of Rs. (two times) 1,000/-, in default of payment of fine, additional R.I. for 3 months. (two times) U/s 509 of IPC S.I. for 3 years and fine of Rs.
1,000/-, in default of payment of fine, additional S.I. for 3 months.
U/s 3(1)(w)(i) of SC/ST R.I. for 3 years and fine of Rs. (PA) Act 1,000/-, in default of payment of fine, additional R.I. for 3 months.
U/s 3(1)(w)(ii) of R.I. for 3 years and fine of Rs. SC/ST (PA) Act 1,000/-, in default of payment of fine, additional R.I. for 3 months.
U/s 3(2)(va) of SC/ST R.I. for 3 years and fine of Rs. (PA) Act 1,000/-, in default of payment of fine, additional R.I. for 3 months.
(All the sentences were directed to run concurrently.)
Learned counsel for appellant submits that the appellant is innocent and he has been falsely implicated in this case. He submits that during trial the appellant was in custody for about 5 days and after passing of the impugned
judgment, he is on bail. He submits that the maximum sentence imposed upon the appellant is 3 years, out of which he has already remained in custody for 5 days, fine has already been deposited and the appeal being of the year 2025, there is no likelihood of its early final disposal, therefore, considering all these facts the jail sentence of the appellant may be suspended till the final disposal of the appeal.
On the other hand, learned State counsel opposes the bail application.
The victim/complainant appeared before this Court today through virtual mode from concerned DLSA and expressed his no-objection in suspension of sentence.
Considering the entire facts and circumstances of the case, particularly the facts that the appellant is on bail, the maximum sentence imposed upon the appellant is 3 years, out of which he has remained in custody for 5 days, fine has been deposited and the final disposal of this appeal is likely to take considerable time, the application (I.A. No.01) is allowed.
It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended till final disposal of this appeal on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 24th September, 2025. He 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 him by the said Court till disposal of this appeal.
Record of the Trial Court has already been received. List the case for final hearing in due course.
Sd/-
(Sanjay Kumar Jaiswal) Judge
Khatai
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