Shiv Prasad Jolhe vs State Of Chhattisgarh
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Chattisgarh High Court

Shiv Prasad Jolhe vs State Of Chhattisgarh on 22 August, 2025

                                       1

                                                                       Digitally signed
                                                                       by SHUBHAM
                                                        SHUBHAM        SINGH
                                                        SINGH          RAGHUVANSHI
                                                        RAGHUVANSHI    Date:
                                                                       2025.08.23
                                                                       13:53:28 +0530




      HIGH COURT OF CHHATTISGARH AT BILASPUR


                        CRR No. 948 of 2025

Shiv Prasad Jolhe S/o Adheen Jolhe Aged About 42 Years R/o
Village-   Daukijor,    Ps    Kosir,       Tehsil-   Sarangarh,         District-
Sarangarh-Bilaigarh (C.G.)
                                                            ... Applicant
                                 versus
State Of Chhattisgarh Through- District Magistrate Sarangarh,
District- Sarangarh-Bilaigarh (C.G.)
                                                          ... Respondent

22.08.2025 Mr. Priyank Rathi, Advocate for the applicant.

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

Heard on I.A. No.01/2025, application under Section 438 of BNSS for suspension of sentence and grant of bail to the applicant.

By the judgment dated 12.04.2023 passed by learned Judicial Magistrate First Class, Sarangarh,

District Sarangarh-Bilaigarh (C.G.) in Criminal Case No. 869/2016, the applicant stands convicted as under:

Conviction Sentence In Default U/s 457 of IPC RI for 1 year and fine RI for 7 days of Rs.100/-

U/s 354 of IPC RI for 1 year and fine RI for 7 days of Rs.100/-

The sentences are direction to run concurrently Being aggrieved by the said judgment, the applicant preferred an appeal, i.e. Criminal Appeal No. 6/2023, and vide impugned judgment dated 26.07.2025, the learned Additional Sessions Judge, District - Sarangarh-Bilaigarh (C.G.) affirmed the conviction and sentence of the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been wrongly convicted. There is no material evidence available on record against him. He further submits that the applicant is in jail since 27.07.2025 and during trial also he was in jail for about 16 days, thereby, out of 1 year of jail sentence, he has already served about 41 days, the revision will take considerable time to be finalized, the fine amount has already been deposited,

therefore, looking the short sentence of the applicant, the application may be allowed and he may be enlarged on bail.

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

Considering the facts and circumstances of the case, the detention period of the applicant and the fact that final disposal of the case is likely to take time, therefore, looking to the short sentence of the applicant, without commenting on merits of the case, the application (IA no.01/2025) is allowed.

It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended till final disposal of this revision and he shall be released on bail 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 13th October, 2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and shall 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 petition.

Records of the trial Court is received.

List this case for final hearing in its chronological order.

Certified copy as per rules.

Sd/-

                                        (Sanjay Kumar Jaiswal)
-Shubham                                         Judge