Shailendra Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 3425 Chatt

Chattisgarh High Court

Shailendra Sahu vs State Of Chhattisgarh on 26 August, 2025

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                      HIGH COURT OF CHHATTISGARH AT BILASPUR

                                     CRA No. 1655 of 2025


             1 - Shailendra Sahu S/o Heeralal Sahu Aged About 33 Years

             2 - Heeralal Sahu S/o Late Kolhu Ram Sahu Aged About 59 Years

             3 - Ghanshyam Sahu S/o Heeralal Sahu Aged About 36 Years

             4 - Smt. Hemwati Sahu W/o Heeralal Sahu Aged About 57 Years

             All are R/o Village- Arjuni, Police Station- Dongargaon, District Rajnandgaon
             C.G.
                                                                        ... Appellant (s)

                                             versus

             State Of Chhattisgarh Through Station House Officer, Police Station-
             Dongargaon, District- Rajnandgaon C.G.
                                                              ... Respondent(s)

Digitally signed by 26/08/2025 Mr. Malay Shrivastava, counsel for the appellants. PRAVEEN KUMAR SINHA Mr. K.K. Baharani, Panel Lawyer for the State. Date:

2025.08.28 10:43:44 Heard on admission.

+0530 Appeal is admitted for hearing. Call for record of the Court below.

Also heard on IA No.1 which is an application for suspension of sentence and grant of bail.

Appellants have been convicted under Sections 494/34, 420/34 and 417/34 of IPC and sentenced to undergo maximum jail sentence of 3 years vide judgment of conviction and order of sentence dated 07.08.2025 passed in Sessions Trial No. 34 of 2021 by learned Additional Sessions Judge (FTC), Rajnandgaon, (CG).

Learned counsel for the appellants submits that appellants has been awarded maximum sentence of three years. Looking to short sentence, benefit under Section 430 (3) of the BNSS was extended to appellants and substantive jail sentence was suspended till filing of appeal and hearing of application for suspension of sentence and grant of bail. Appellants were on bail during trial and have not misused the liberty grant to them.

On the other hand, learned counsel for the State opposes the submission of learned counsel for the appellants.

On due consideration of submission of learned counsel for appellants based on maximum jail sentence and further that appellants were on bail during trial, hearing of appeal may take some time for its final disposal, I consider it to be an appropriate case to suspend the substantive jail sentence imposed on the appellants.

Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the appellants shall remain suspended during pendency of the appeal and they shall be released on bail on furnishing a personal bond of Rs.25,000/- each with one local surety in the like sum to the satisfaction of the concerned trial Court, for their appearance before the Registry of

this Court on 27th October 2025. Thereafter, they shall appear before the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this appeal.

Certified copy as per rules.

Sd/-/-/-/---/-/-

(Parth Prateem Sahu) Judge

Praveen