Chattisgarh High Court
Brijmohan Singh vs State Of Chhattisgarh on 20 August, 2025
1/4
Digitally signed
by BHOLA NATH
KHATAI
Date: 2025.08.21
10:57:52 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1083 of 2025
1 - Brijmohan Singh S/o Heeralal Singh Aged About 32 Years R/o Ward
No.01, Village - Chanwaridand, Police Station - Manendragarh, District -
Koria (C.G.)
2 - Smt. Ramvati W/o K. Durga Aged About 38 Years R/o Ward No.01,
Village - Chanwaridand, Police Station - Manendragarh, District - Koria
(C.G.)
... Appellants
versus
State Of Chhattisgarh Through - The Officer-In-Charge Manendragarh,
District - Koria (C.G.)
... Respondent
Order Sheet
20/08/2025 Mr. Hemant Kumar Agrawal, counsel for appellants.
Ms. Binu Sharma, P.L. for State.
Heard on I.A. No.01/2025, application under Section
430 of BNSS, 2023 for suspension of sentence and grant of
bail.
By the impugned judgment dated 13.05.2025 passed
by learned 2nd Additional Sessions Judge, Manendragarh,
District Korea (CG) in S. T. No. 139/2021, the appellants
have been convicted and sentenced as under:-
Conviction Sentence
U/s 341 of IPC S.I. for 1 month and fine of Rs.
100/-, in default of payment of fine,
additional S.I. for 7 days.
U/s 326/34 of IPC R.I. for 7 years and fine of Rs.
500/-, in default of payment of fine,
additional R.I. for 3 months.
Learned counsel for appellants submits that the
appellants are innocent and they have been falsely
implicated in this case on account of property dispute
between the parties. He submits that the doctor who had
conducted the CT scan of the injured has not been
examined nor the report of the CT scan has been exhibited
and the opinion of the doctor was sought 15 days after the
incident which was given by another doctor, Dr. Ankita
Agrawal (PW-9). The memorandum and seizure witnesses
have also not supported the case of prosecution. He
submits that there is no evidence against appellant Ramvati
and the only allegation against her is that she was standing
at the spot. He submits that appellant Brijmohan Singh has
already remained in custody for about 7 months 9 days and
appellant Ramvati has remained in custody for about 3
months 7 days. He further submits that 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 and submits that the injured was
assaulted by accused Brijmohan Singh with a crowbar
which was seized from him and due to the said assault, the
injured suffered fracture in the parietal bone. Therefore,
considering the nature of offence, the appellants do not
deserve to be released on bail.
Heard learned counsel for the parties and perused
the record.
Considering the entire facts and circumstances of the
case, particularly the nature and gravity of offence and the
material available on record against appellant Brijmohan,
this Court is not inclined to grant bail to him. However,
considering the overall material available on record and the
statements of the witnesses, I am inclined to suspend the
jail sentence imposed upon appellant Ramvati.
Accordingly, I.A. No. 01/2025 regarding suspension
of sentence and grant of bail to appellant No.1
Brijmohan Singh is rejected.
However, I.A. No.01/2025 regarding suspension of
sentence and grant of bail to appellant No.2 Ramvati is
allowed. It is directed that the substantive jail sentence
imposed upon appellant No.2 Smt. Ramvati shall remain
suspended till final disposal of this appeal and she shall
be released on bail on her 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 her appearance
before the Registry of this Court on 8th October, 2025.
She 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 her 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 the month of October,
2025.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
