Ambika Prasad Sonwani vs State Of Chhattisgarh
2025 Latest Caselaw 2757 Chatt

Chattisgarh High Court

Ambika Prasad Sonwani vs State Of Chhattisgarh on 18 August, 2025

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                                                                   Digitally signed
                                                                   by BHOLA
                                                                   NATH KHATAI
                                                                   Date:
                                                                   2025.08.20
                                                                   10:23:16 +0530




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                          CRR No. 1016 of 2025

1 - Ambika Prasad Sonwani S/o Bharat Ram Sonwani Aged About 70
Years R/o Surajpur (Badkapra), Police Station - Surajpur, District -
Surajpur Chhattisgarh
                                                                 ... Applicant
                                   versus
1 - State Of Chhattisgarh Through Police Station - Darima, Ambikapur
District - Surajpur Chhattisgarh
                                                               ... Respondent

Order Sheet

18.08.2025 Mr. A. K. Yadav, counsel for Applicant.

Ms. Sunita Manikpuri, Dy. G.A. for State/respondent.

Heard on admission.

Admit.

Call for the records.

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

By the impugned judgment dated 01.08.2025 passed by 7th Additional Sessions Judge, Ambikapur, District Surguja (CG) in Criminal Appeal No. 10/2023, the applicant

has been convicted for offence under Sections 420, 467, 468 & 471 of IPC and sentenced to undergo rigorous imprisonment for 3 years with fine of Rs.20,000/- with default stipulation for each offence.

Learned counsel for applicant submits that the applicant was tried for the alleged commission of offence under Sections 420, 467, 468 & 471 of IPC. After full fledged trial, learned trial Court had acquitted the applicant of the said charges giving benefit of doubt vide judgment dated 07.05.2022. In the appeal preferred by the State, the appellate Court has set aside the well reasoned judgment passed by learned trial Court and passed the impugned judgment convicting the applicant for offence under sections 420, 467, 468 & 471 of IPC and the maximum jail sentenced imposed upon him is of 3 years along with fine of Rs.20,000/- for each of the offences. He contended that the applicant is an old age person of about 70 years, he is facing trial since 2015, he already served for about 3 months 12 days of jail sentence during trial and thereafter from the date of judgment passed by the appellate Court i.e. for about 17 days. Therefore, considering all these facts, the substantive jail sentence imposed upon the applicant may be suspended and he may be released on bail.

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

On due consideration of the submissions of the counsel for the parties, considering the age of the applicant

to be 70 years, he was acquitted by the trial Court and further considering the period of sentence undergone by the applicant, I am inclined to allow this application.

Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended during pendency of this revision and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 7th October, 2025. Thereafter, he 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 him by the said Court till final disposal of this revision.

List the case after eight weeks.

Sd/-

(Parth Prateem Sahu) Judge

Khatai