Rajesh Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1824 Chatt

Chattisgarh High Court

Rajesh Sahu vs State Of Chhattisgarh on 7 February, 2025

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                                      HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                            CRA No. 161 of 2025

                             1 - Rajesh Sahu S/o Basant Sahu Aged About 35 Years R/o Village Pawanpur
                             (Vendo   Bhavanapara), Thana-        Ramanujnagar,       District-    Surajpur   (C.G.)


                             2 - Shri Ram Sahu S/o Rajlal Sahu Aged About 36 Years R/o Village Pawanpur
                             (Vendo Bhavanapara), Thana- Ramanujnagar, District- Surajpur (C.G.)
                                                                                                  ... Appellant (s)
                                                                   versus
                             1 - State Of Chhattisgarh Through Police Station Ajak Surajpur, District Surajpur
                             (C.G.)
                                                                                                    Respondent(s)

07/02/2025 Shri H.B. Agrawal, Sr. Advocate with Ms. Swati Agrawal, counsel for the appellants.

Shri G.L. Uike, P.L. for the State.

Heard.

Victim appeared before this Court through video conferencing from the concerned DLSA and raised serious objection with regard to grant of bail to the appellants.

Also heard on I.A. No.1 of 2025, application for suspension of sentence under Section 430 of BNSS, 2023.

NARESH by NARESH KUMAR KUMAR KAMDE KAMDE Date:

2025.02.10 10:46:33 +0530

By the impugned judgment dated 12/12/2024 passed by

the Special Judge, Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities) Act, Surajpur, District- Surajpur (C.G.)

in Special Case No. 46/2021, the appellants stand convicted and

sentenced as under :-

Conviction                      Sentence
Under Section 325 read          R.I. for six months and fine
with Section 34 of IPC          amount       of   Rs.500/-    and    in

default of fine 1 month additional R.I. Section 3(1)(s) of the R.I. for six months and fine Scheduled Caste and amount of Rs.500/- and in Scheduled Tribe default of fine 1 month additional (Prevention of Atrocities) R.I. Act, 1989 read with Section 34 of IPC Section 3(2)(va) of the R.I. for six months and fine Scheduled Caste and amount of Rs.500/- and in Scheduled Tribe default of fine 1 month additional (Prevention of Atrocities) R.I. Act, 1989 read with (All the sentences will run Section 34 of IPC concurrently)

Considering the short sentence awarded to the appellants

i.e. six months R.I. they were on bail during trial, they did not

misuse the liberty so granted and disposal of this appeal is likely

to take some time, without further commenting on merit, I am of

the opinion that present is a fit case to suspend the jail sentence

imposed upon the appellants and to release them on bail.

Accordingly, the application (I.A. No.1 of 2025) is allowed.

It is directed that the execution of substantive jail sentence

imposed upon the appellants shall remain suspended during the

pendency of this appeal and they shall be released on bail on

their furnishing a personal bond in the sum of Rs.10,000/- with

one surety each to the satisfaction of the concerned trial Court.

They shall appear before the Registry of this Court on

02/04/2025 and thereafter appear before the trial Court on a date

to be given by the Registry and thereafter continue to appear

before the trial Court on all such dates as are given to them by

the said Court, till disposal of this appeal.

List this appeal for final hearing.

Sd/-

(Arvind Kumar Verma) Kamde Judge