Chattisgarh High Court
Mukesh Sahu vs State Of Chhattisgarh on 11 August, 2025
1/3
Digitally signed
by BHOLA
NATH KHATAI
Date:
2025.08.12
10:24:28 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1606 of 2025
1 - Mukesh Sahu Son Of Birbal Sahu Aged About 30 Years Resident Of
Village Khodari, Kosampara, Police Station Patna, District- Koriya (C.G.)
2 - Neeraj Kumar Sahu @ Sonu Son Of Sushil Sahu Aged About 30 Years
Resident Of Village Odgi, Damarpara, Bawaspara, Police Station
Baikunthpur, District- Koriya (C.G.)
... Appellants
versus
1 - State Of Chhattisgarh Through The Police Of Police Station
Baikunthpur, District- Koriya (C.G.)
... Respondent
Order Sheet
11/08/2025 Mr. Anil Gulati, counsel for appellants.
Ms. Pragya Shrivastava, Dy. G.A. for State.
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 14.07.2025 passed
by learned Special Judge [SC & ST (PA), Act], Baikunthpur,
District Koriya (CG) in Special Criminal (under SC/ST Act)
Case No.36/2021, the appellants have been convicted and
sentenced as under:-
Conviction Sentence
U/s 354 of IPC R.I. for 2 years and fine of Rs.
1,000/-, in default of payment of
fine, additional R.I. for 1 month.
U/s 354 (A) of IPC R.I. for 2 years and fine of Rs.
1,000/-, in default of payment of
fine, additional R.I. for 1 month.
(Both the sentences were directed to run
concurrently.)
Learned counsel for appellants submits that the
appellants are innocent and they have been falsely
implicated in this case. He submits that during trial the
appellants were in custody for about 4 days and after
passing of the impugned judgment, they are on bail. He
submits that the maximum sentence imposed upon the
appellants is 2 years, out of which they have already
remained in custody for about 4 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
appellants may be suspended till the final disposal of the
appeal.
On the other hand, learned State counsel opposes
the bail application.
Considering the entire facts and circumstances of the
case, particularly the facts that the appellants are on bail,
the maximum sentence imposed upon the appellants is 2
years, out of which they have remained in custody for about
4 days, fine has already been paid and the final disposal of
this appeal is likely to take considerable time, the
application for suspension of sentence (I.A. No.01) is
allowed.
It is directed that the substantive jail sentence
imposed upon the appellants shall remain suspended till
final disposal of this appeal 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 24th
September, 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 the case for final hearing in due course.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
