Chattisgarh High Court
Santosh Sahu vs State Of Chhattisgarh on 6 February, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 172 of 2025
1 - Santosh Sahu S/o Uderam Sahu Aged About 46 Years R/o Village Adil, P.S. And
Tahsil Malkharouda, District Janjgir-Champa, Chhattisgarh.
... Applicant
versus
1 - State Of Chhattisgarh Through District Magistrate Janjgir-Champa, P.S.
Malkharouda, District Janjgir-Champa, Chhattisgarh.
... Respondent(s)
Order Sheet
06/02/2025 Mr. Nishikant Sinha on behalf of Mr. Om Prakash
Sahu, Counsel for the applicant.
Mrs. Binu Sharma, 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 20.12.2024 passed by the learned Second Upper
Sessions Judge Sakti, District- Janjgir-Champa, C.G. in
Criminal appeal no. 28/2021 arising out of the judgment of
conviction and sentence dated 27.03.2021 passed in Criminal
Case No. 408/2018 passed by learned Judicial Magistrate
First Class Malkharouda, District Janjgir-Champa, C.G.
whereby learned Sessions Judge has convicted the applicant
as under:
Conviction Sentence
U/s 354, 354(a)(i)(ii) of IPC RI for 1 year and fine of Rs.
250/- and in default of fine,
SI 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
