Ganesh Kaushik vs State Of Chhattisgarh
2025 Latest Caselaw 3755 Chatt

Chattisgarh High Court

Ganesh Kaushik vs State Of Chhattisgarh on 28 August, 2025

                                         1




          HIGH COURT OF CHHATTISGARH AT BILASPUR

                             CRA No. 1613 of 2025

1 - Ganesh Kaushik S/o Jhanglu Kaushik Aged About 55 Years R/o Village-
Jhiarouni, Chowki Bazar Charambhata, Police Station- Kawardha, District-
Kabirdham (Chhattisgarh)
                                                                    ... Appellant
                                     Versus
1 - State Of Chhattisgarh Through The Station House Officer- Orcha, Police
Station- Kawardha, District- Kabirdham (C.G.)
                                                                   ... Respondent

Order Sheet

28/08/2025 Mr. Vidya Bhushan Soni, Advocate on behalf of Mr. Palash Agrawal, Advocate for the Appellant.

Mr. Pranjal Shukla, P.L. for the Respondent/State.

Heard on admission.

Call for records of the criminal case.

Also heard on I.A. No. 01/2025 which is an application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment of conviction and order of SHUBHAM sentence dated 24.07.2025 (Annexure A/1) passed by the DEY

Digitally learned Sessions Judge, Kabirdham (Kawardha), District - signed by SHUBHAM DEY Kabirdham (C.G.) in Sessions Case No. 81/2024, has

convicted and sentenced the Appellant as under:-

Conviction Sentence U/s 118 (2) of B.N.S., 2023. R.I. for 05 years and fine of Rs. 1,000/- in default R.I. for 01 month.

Learned counsel for the appellant submits that the maximum sentence awarded to the appellant is of 05 years. Appellant has already suffered jail sentence of about 07 months. He is like to succeed in his appeal. He also pointed out that from the evidence available on record in particular, the evidence of the wife of the appellant (PW-3), it is the injured who was aggressor. Appeal may take sometime, hence, during pendency of this appeal, substantive jail sentence imposed upon the appellant may be suspended during pendency of this appeal.

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

I have heard learned counsel for the respective parties.

Considering totality of the facts looking to the the period of detention, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the Appellant by the learned Trial Court is hereby suspended. The Appellant shall be released on bail on his executing a bail bond of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 27.10.2025 (Monday). Thereafter, he shall appear before

the concerned 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, interval being not less than 6 months, till final disposal of this appeal.

Consequently, I.A. No. 01/2025 stands allowed.

List this case after 08 weeks.

Sd/-

(Parth Prateem Sahu) Judge

Dey