Citation : 2025 Latest Caselaw 3393 Chatt
Judgement Date : 25 August, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 956 of 2025
KHOMCHAND CHANDRAVANSHI versus THE STATE OF CHHATTISGARH
Order Sheet
25/08/2025 Mr. Parag Kotecha, counsel for the applicant.
Mr. Vivek Sharma, Panel Lawyer, for the State.
Heard on admission.
Admit.
Also heard on I.A.No.1 for suspension of
sentence and grant of bail to the applicant.
By order dated 26.03.2025 passed in Criminal
Case no. 960 of 2019, the learned JMFC, Dongargarh
convicted and sentenced the applicant as follows:
U/s 279 of IPC RI for 3 months and fine
amount of Rs.100/-, in default
of payment of fine additional RI
for 7 days.
U/s 304-A IPC RI for 1 year and fine amount
of Rs.100/-, in default of
payment of fine, additional RI
for 7 days.
U/s 146/196 Fine amount of Rs.1000/-, in
default of payment of fine,
IPC
additional RI for 10 days.
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Against the said order of JMFC, appeal was
preferred. By impugned judgment dated 28.07.2025
passed in Criminal Appeal No. 07/2025, the learned
Additional Sessions Judge, Dongargarh, District
Rajnandgaon affirmed the conviction and sentence
imposed by the JMFC and rejected the appeal of the
applicant.
Learned counsel for the applicant submits that
the maximum jail sentence awarded is RI for 1 year
and the fine amounts have been deposited. The
applicant was on bail during trial and pendency of
appeal and did not misuse the liberty granted to him.
He further submits that the applicant is in jail since
28.07.2025
that is from the date of judgment passed by the appellate Court and the hearing of revision is likely to take time, therefore, he prays for releasing the applicant on bail.
Per contra, learned State Counsel opposes the prayer.
Having considered the submissions made by learned counsel for the applicant as also the fact that there is no immediate possibility of hearing the revision on merits and further looking to the short term sentence, I am inclined to suspend the remaining jail sentence and release the appellant on bail.
Accordingly, I.A.No.1 is allowed and it is directed that the execution of further substantive jail sentence of the appellant 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 10th 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)
Rao Judge
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