Bandhan Sai vs State Of Chhattisgarh
2025 Latest Caselaw 3771 Chatt

Chattisgarh High Court

Bandhan Sai vs State Of Chhattisgarh on 28 August, 2025

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         HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRA No. 1739 of 2025

1 - Bandhan Sai S/o Late Shri Bhuri Korwa Aged About 58 Years R/o Village
Chawarpani, Nawapara, P.S. Batauli, District Surguja, C.G.
                                                                     ... Appellant
                                      Versus
1 - State Of Chhattisgarh Through Station House Officer, Batauli, District
Surguja, C.G.
                                                                    ... Respondent

Order Sheet

28/08/2025 Mr. Sangeeta Soni, Advocate for the Appellant.

Ms. Binu Sharma, 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 appellant.

By the impugned judgment of conviction and order of sentence dated 01.08.2025 (Annexure A/1) passed by the learned Second Additional Sessions Judge, Ambikapur, District - Surguja (C.G.) in Sessions Trial No. 128/2024, has convicted and sentenced the Appellant as under:-

Conviction Sentence

U/s 117 (2) of B.N.S, 2003. R.I. for 2 years and fine of Rs.

5,000/- in default R.I. for 03 months.

Learned counsel for the appellant submits that the maximum jail sentence awarded to the appellant is of 02 years. He has filed an application under Section 430 (3) of the B.N.S.S., 2023 for grant of bail, enabling him to file an appeal and obtaining the order under Section 430 (1) of the B.N.S.S. 2023, which was allowed and appellant was released on bail temporarily. Appeal may take sometime, hence, during pendency of this appeal, the substantive jail sentence imposed upon the appellant may be suspended.

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, in particular the short sentence awarded to the appellant and also that appellant was released on bail by Trial Court under Section 430 (3) of the B.N.S.S., 2023, I am of the opinion that, present is a fit case to suspend the substantive 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 for final hearing in due course.

Sd/- Sd/-

                                                    (Parth Prateem Sahu)
                                                            Judge




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