Chakresh Tiwari vs State Of Chhattisgarh
2025 Latest Caselaw 1768 Chatt

Chattisgarh High Court

Chakresh Tiwari vs State Of Chhattisgarh on 5 February, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRR No. 173 of 2025


1 - Chakresh Tiwari S/o Hari Kumar Tiwari Aged About 27 Years R/o Basti Durpa Road,
Ward No. 4, Korba, Tehsil And District Korba Chhattisgarh
                                                               ... Applicant
                                       versus


1 - State Of Chhattisgarh Through Police Station Kotwali, Korba, District Korba
Chhattisgarh
                                                              ... Respondent(s)

Order Sheet

05/02/2025 Mr. Vikas Kumar Pandey, Counsel for the applicant.

Ms. Laxmeen Kashyap, Panel Lawyer for the State. Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment of conviction and sentence dated 29.01.2025 passed in Criminal Appeal No. 60/2024 by the learned Special Judge, Scheduled Caste & Scheduled Tribe (Atrocities) Act, Korba, District-Korba (C.G.) arising

out of impugned judgment dated 15.07.2024 passed in Criminal Case No. 2086/2017 by the learned Chief Judicial Magistrate, Korba, District-Korba (C.G.) has convicted the applicant as under:

Conviction Sentence U/s 353, 147, 332/149 of IPC S.I. for 1 year and fine of Rs.

1000/-, in default of payment of fine additional imprisonment for 1 month

Learned Counsel for the Applicant contended that the applicant has prima facie good case in his favor and he is hopeful to succeed on it. The applicant was on bail during trial. The disposal of this Criminal Revision is likely to take long time. The applicant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the applicant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned Counsel for the parties and perused the record with utmost circumspection.

Considering the totality of the facts, in particular the short sentence awarded to the applicant and he has not misused the liberty granted by the concerned Court and the

period of detention without further commenting on merits, 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 Applicant by the learned Trial Court is hereby suspended. The Applicant by the learned Trial Court is hereby suspended. The applicant 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 07.03.2025. 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 Trial Court, till final disposal of this appeal.

Consequently, I.A. No. 01/2025 stands allowed. Call for the records from the concerned Trial Court. List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima