Chattisgarh High Court
Purushottam Jaiswal vs State Of Chhattisgarh on 28 August, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1741 of 2025
• Purushottam Jaiswal Son Of Shri Firatram Jaiswal Aged About 32 Years
R/o Hasaud Ward No.07, P.S. Hasaud, Distt- Sakti (C.G.)
... Applicant
versus
• State Of Chhattisgarh Through Police Station Tamnar, District- Raigarh
(C.G.)
... Respondent(s)
Order on Board
28/08/2025 Mr. Manoj Kumar Sinha, Advocate for appellant.
Mr. Vivek Sharma, Panel Lawyer for the State.
Learned counsel for appellant submits that he is not pressing
I.A. No. 01/2025 as he already filed a better application under
Section 430 of BNSS.
On due consideration, I.A. No. 01/2025 is dismissed as not
pressed.
Heard on I.A. No.02/2025, which is an application under
Section 430 of BNSS for suspension of sentence and grant of bail.
PAWAN
KUMAR
JHA
Digitally
This Criminal Appeal is filed against the judgment dated
signed by
PAWAN
KUMAR JHA
31.07.2025, passed in Special Criminal Case No. 30/2023, by
Learned Special Judge, under Scheduled Castes and Scheduled
Tribe (Prevention of Atrocity Act), 1989, Raigarh, C.G. whereby
appellant has been convicted and sentenced in the following
manner:-
Conviction Sentence
U/s 506-Part I of IPC R.I. for 1 year and fine of Rs.
1000/-; in default of payment of
fine, additional R.I. for 2 months.
U/s 509B of IPC R.I. for 1 year and fine of Rs.
1000/-; in default of payment of
fine, additional R.I. for 2 months.
U/s 67A of the Information R.I. for 3 year and fine of Rs.
Technology Act, 2000. 1,00,000/-; in default of payment of
fine, additional R.I. for 3 months.
U/s 3 (1)(R)(II) of the SC/ST (P.A.) R.I. for 1 year and fine of Rs.
Act, 1989 1000/-; in default of payment of
fine, additional R.I. for 2 months.
U/s 3(2)(v)(a) of the SC/ST (P.A.) R.I. for 1 year and fine of Rs.
Act, 1989 1000/-; in default of payment of
fine, additional R.I. for 2 months.
Learned counsel for appellant submits that the maximum jail
sentence awarded to appellant is of 03 years. It is contended that
appellant was granted benefit of Section 430(3) of the BNSS and
released on bail enabling him to file appeal and obtain order of
suspension of sentence and grant of bail. Bail is granted to
appellant till 04.09.2025. Appellant is prima facie having a good
case in his favour and therefore application be allowed and
substantive jail sentence be suspended.
Learned State counsel opposes the submission of learned
counsel for appellant and submits that in view of the nature of
offence, and findings recorded by trial court, appellant is not entitle
for grant of bail.
Considering the submissions made by learned counsel for
appellant as also period of sentence and further that the appellant
has been extended benefits of provisions under Section 430(3) of
BNSS by the trial Court, I am inclined to allow I.A. 02/2025.
Accordingly, I.A. No. 02/2025 is allowed and It is directed
that substantive jail sentence of appellant shall remain suspended
during the pendency of this appeal and he be released on bail upon
furnishing a bail bond in the sum of ₹ 25,000/- with one surety in
the like sum to the satisfaction of concerned Court below, for his
appearance before the Registry of this Court on 28.10.2025.
Thereafter, he shall appear before the trial Court on the date given
by the Registry of this Court and will continue to appear there on all
such dates before trial Court till disposal of this appeal.
In the meanwhile, call for the record from learned trial court
and list this case for final hearing in due course.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
pwn JUDGE
