Raju Ratre vs State Of Chhattisgarh
2025 Latest Caselaw 1851 Chatt

Chattisgarh High Court

Raju Ratre vs State Of Chhattisgarh on 10 February, 2025

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           HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRR No. 199 of 2025


1 - Raju Ratre S/o Ramcharan Ratre Aged About 33 Years R/o Village- Limtara
Nandghat, Police Station- Simga, District- Balodabazar- Bhatapara (C.G.) (Accused)
                                                                  ... Applicant
                                       versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station -Sakri,
District- Bilaspur (C.G.)
                                                                    ... Respondent(s)

Order Sheet

10/02/2025 Mr. Vipin Singh Thakur, Counsel for the applicant.

Mrs. Sunita Sahu, Panel Lawyer for the State. Heard on admission as well as I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment of conviction and sentence dated 28.01.2025 passed by the learned Sessions Judge Bilaspur, District- Bilaspur, C.G. in Criminal appeal no. 204/2024 arising out of the judgment of conviction and

sentence dated 13.11.2024 passed in Criminal Case No. 515/2019 passed by learned Judicial Magistrate First Class Bilha, District Bilaspur, C.G. whereby learned Sessions Judge has convicted the applicant as under:

         Conviction                       Sentence
U/s 304 A of IPC                6 months of SI and fine of
                                Rs. 2000/- and in default of
                                payment of fine SI for 3
                                months

U/s 3/181 of Motor Vehicle Fine of Rs. 500/- and in Act default of fine, SI for 7 days.

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. Also, he is in jail since 28.01.2025. 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 04.03.2025. 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. Certified copy today.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima