Kora Hosanna Raju vs Mohammad Nasim Babu
2025 Latest Caselaw 1902 Chatt

Chattisgarh High Court

Kora Hosanna Raju vs Mohammad Nasim Babu on 13 February, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRR No. 211 of 2025

1 - Kora Hosanna Raju S/o Ishaq Aged About 45 Years R/o Ward No. 15 Kumharras
Sukuma, P.S. Sukuma, District Sukuma, Chhattisgarh.
                                                                ... Applicant
                                      versus
1 - Mohammad Nasim Babu S/o Shekh Bazi Aged About 39 Years R/o Patnam Para
Sukuma, P.S. Sukuma, District Sukuma, Chhattisgarh. (Complainant)
                                                                    ... Respondent(s)

Order Sheet

13/02/2025 Mr. Vikas A. Shrivastava, Counsel for the applicant.

Heard on admission as well as I.A. No. 01/2025, an application for suspension of sentence and grant of bail under Section 438 of BNSS, 2023.

By the impugned judgment dated 02.02.2024 passed by learned CJM, Sukma, District-Sukma (C.G.) in Criminal Appeal No. 153/2021 arising out of judgment dated 23.01.2025 passed by learned Additional Sessions Judge, Special Court (Naxal

matters), Dantewada, District- South Bastar Dantewada (C.G.) in Criminal Appeal No. 10/2024 and sentenced to undergo:

         Conviction                       Sentence
U/s 138 of N.I. Act          S.I.   for    6   months   and
                             compensation amount of Rs.
                             9,00,000/- and in default of
                             payment      of   compensation
                             amount, additional SI for 2
                             months.

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.

I have heard learned Counsel for the applicant 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.

Therefore, the accused shall deposit 50% of the compensation amount, i.e., Rs. 9,00,000/- before the Trial Court on that condition the remaining sentence imposed upon the appellant shall remain suspended during the pendency of this criminal revision and he shall be released on bail on executing a bail bond of Rs. 10,000/- with two sureties for the like sum to the satisfaction of the concerned Trial Court and he shall appear before the Registry of this Court on 10.03.2025. 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. Admit.

Call for the records from the concerned Trial Court.

List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima