Citation : 2025 Latest Caselaw 3392 Chatt
Judgement Date : 25 August, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 876 of 2025
GAURAV @ GAUR PRADHAN versus STATE OF CHHATTISGARH
Order Sheet
25/08/2025
Mr. Shikhar Agnihotri & Mr. Rahul Pathak, Advocates on behalf Mr. Awadh Tripathi, counsel for the petitioner.
Mr. Sanjeev Pandey, Deputy A.G., for the State. Heard on I.A. No.1 for suspension of sentence and grant of bail.
In Criminal Case No.358/2015 the learned JMFC Sarangarh passed the order dated 31.12.2020 whereby the applicant was convicted for the offences u/s 457, 354 and 354(a)(1)(i) of IPC and sentenced to undergo RI for 3 years on each count and to pay a fine of Rs.100/-, in default of payment of fine to further undergo additional SI for 10 days.
Against the order of JMFC, the applicant preferred appeal before the Additional Sessions Judge.
By the impugned judgment dated 08.07.2025
passed in Criminal Appeal No. 03/2021, the learned Additional Judge to the Court of Additional Sessions Judge, District Sarangarh-Bilaigarh altered the charges and convicted and sentenced the applicant as under :
u/s 457 IPC : RI for 1 year and fine amount of Rs.1000/-, in default of payment of fine, additional imprisonment for 1 day.
u/s 354 IPC : RI for 1 year and fine amount of Rs.1000/-, in default of payment of fine, additional imprisonment for 1 day.
Learned counsel for the applicant submits that maximum jail sentence imposed against the applicant is RI for 1 year and during trial he was in custody for only 21 days and thereafter he was granted bail by the trial Court and even during the pendency of appeal he was on bail and did not misuse the liberty granted to him. He submits that now the applicant is in jail since the date of judgment of the appellate court i.e., 08.07.2025 and the hearing of revision on merits is likely to take time, therefore, the applicant may be enlarged on bail.
Per contra, learned State Counsel opposes the bail application.
Having regard to the submissions made by learned counsel for the applicant and further considering the fact that there is no immediate possibility of hearing the revision on merits and further looking to the short term sentence of 1 year RI, I am inclined to suspend the remaining sentence and release the applicant on bail.
Accordingly, I.A.No. 1 is allowed and it is directed
that the execution of further substantive jail sentence of the applicant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 03rd November, 2025. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court till the disposal of this appeal.
Cc as per rules.
Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao
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