Kirtan Rathour vs State Of Chhattisgarh
2025 Latest Caselaw 1662 Chatt

Chattisgarh High Court

Kirtan Rathour vs State Of Chhattisgarh on 12 August, 2025

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by BHOLA
NATH KHATAI
Date:
2025.08.12
18:04:24 +0530


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                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                CRR No. 883 of 2025

                   1 - Kirtan Rathour S/o Hemlal Rathour Aged About 30 Years R/o Village -
                   Girwar,   P.S.   Gourella,     Distt.    -    Gourella-Pendra-Marwahi,    C.G.


                   2 - Santosh Rathour S/o Sarju Singh Rathour Aged About 39 Years R/o
                   Village- Bhadaura, P.S. - Gourella, Distt.- Gourella-Pendra-Marwahi, C.G.
                                                                                 ... Applicants
                                                       versus
                   1 - State Of Chhattisgarh Through - Police Station House, Pendra,
                   District- Gourella-Pendra-Marwahi, C.G.
                                                                                ... Respondent

Order Sheet

12.08.2025 Mr. Ashok soni, counsel for the Applicants.

Mr. Vivek Sharma, P.L for the State/respondent.

Heard on IA No.01/2025, under Section 438 of the BNSS for suspension of sentence and grant of bail.

Affirming the judgment of conviction and order of sentence dated 23.06.2022 passed by the CJM, Pendraroad (C.G.) in Criminal Case No.273/2016, the applicants have been convicted under Section 4 of the

Dowry Prohibition Act and sentenced to undergo S.I. for 1 year with fine of Rs.2,000/- with default stipulation vide impugned judgment dated 03.07.2025 passed by learned Additional Sessions Judge, Pendraroad, District Bilaspur (CG) in Criminal Appeal No.14/2022.

Learned counsel for applicants submits that the maximum sentence imposed on the applicants is one year simple imprisonment. The applicants are in jail since the date of judgment passed by the appellate Court i.e. 03.07.2025. Fine amount has been deposited. Revision is likely to take some time for its final conclusion. Therefore, considering all these facts, the application for suspension of sentence and grant of bail may be allowed.

On the other hand, learned State counsel opposes the bail application.

Considering the entire facts and circumstances of the case, particularly the maximum sentence of one year simple imprisonment imposed on the applicants and also considering the fact that the applicants are in jail since 03.07.2025 and the revision may take some time for its final disposal, this Court consider it to be an appropriate case to suspend the substantive jail sentence imposed on the applicants.

Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the applicants shall remain suspended during pendency of this revision and they shall be released on bail on their furnishing a personal

bond of Rs.25,000/- each with one local surety in the like sum to the satisfaction of the concerned trial Court, for their appearance before the Registry of this Court on 25th September, 2025. Thereafter, they shall appear before the concerned trial Court on a date to be given by the Registry of this Court and continue to appear there on all such subsequent dates as are given to them by the said Court till final disposal of this revision.

List the case for final hearing in due course.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai