Citation : 2025 Latest Caselaw 3426 Chatt
Judgement Date : 26 August, 2025
-1-
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1587 of 2025
Reeta Devi Kashyap W/o Keshav Kashyap, Aged About 40 Years R/o Village
Khairtal, Police Station Navagarh, District Janjgir Champa (C.G.)
... Appellant (s)
versus
State Of Chhattisgarh Through The Station House Officer, Police Station
Navagarh, District Janjgir Champa (C.G.)
... Respondent(s)
26/08/2025 Mr. Vivek Singhal, counsel for the appellant.
Mr. Pranjal Shukla, Panel Lawyer for the State. Pursuant to notice issued, complainant/victim is present before this Court in person.
Heard on admission.
Appeal is admitted for hearing.
Also heard on IA No.1 which is an application for suspension of sentence and grant of bail.
Digitally signed by Appellant has been convicted under Sections 115 (2), 351 PRAVEEN KUMAR SINHA (2) of BNS and Section 3 (2) (va) of Scheduled Castes and Date:
2025.08.28 10:43:43 Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short +0530
"Act fo 1989") and sentenced to undergo maximum jail sentence of 1 year vide judgment of conviction and order of sentence dated
23.07.2025 passed in Special Sessions Trial No. 46 of 2024 by learned Special Judge (SC/ST Act) Janjgir, District Janjgir-
Champa.
Learned counsel for the appellant submits that appellant has been awarded maximum sentence of one year for offence punishable under Section 351 (2) of BNS and Section 3 (2) (va) of the Act of 1989. He contended that appellant was posted in FLCRP. Complaint was also posted in PRP. In the meeting, along with complainant and appellant, about 55-56 women were present. Some dispute arose on deduction of part of salary of complainant which converted into quarrel between the two. Both persons lodged FIR against each other and in criminal case lodged by appellant, due to settlement between parties, it was closed. Appellant is a lady. Looking to short sentence, benefit under Section 430 (3) of the BNSS was extended to appellant and substantive jail sentence was suspended till filing of appeal and hearing of application for suspension of sentence and grant of bail. Appellant was on bail during trial and has not misused the liberty grant to her.
On the other hand, learned counsel for the State opposed the submission of learned counsel for the appellant.
Complaint/victim who is present in the Court in person raises objection on suspension of sentence and grant of bail to appellant.
On due consideration of submission of learned counsel for appellant based on maximum jail sentence and further that appellant was 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 appellant.
Accordingly, IA No.1 is allowed. It is directed that the
substantive jail sentence imposed upon the appellant shall remain suspended during pendency of the appeal and she shall be released on bail on her furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for her appearance before the Registry of this Court on 27th October 2025. Thereafter, she 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
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