Ishak Minj vs State Of Chhattisgarh
2025 Latest Caselaw 1907 Chatt

Chattisgarh High Court

Ishak Minj vs State Of Chhattisgarh on 13 February, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR



                               CRR No. 210 of 2025


1 - Ishak Minj S/o9 Philmon Minj Aged About 50 Years Jodhpur Missionpara, Police
Station- Chando, District- Balrampur- Ramanujganj ( C.G. ).
                                                               ... Applicant


                                       versus


1 - State Of Chhattisgarh Through- , Police Station- Chando, District- Balrampur-
Ramanujganj ( C.G. ).
                                                                  ... Respondent(s)

Order Sheet

13/02/2025 Mr. Navneet Kumar Yadav, Counsel for the applicant.

Mrs. Pragya Shrivastava, Dy. G.A. for the State. Heard on admission as well as I.A. No. 01/2025, an application for suspension of sentence and grant of

bail under Section 430 of BNSS, 2023.

By the impugned judgment and conviction dated 22.01.2025 passed by the learned Sessions Judge, Balrampur, District- Ramanujganj C.G. in Criminal Appeal No. 15/2024 arising out of judgment and conviction dated 05.03.2024 passed by the learned JMFC, Balrampur, District- Ramanujganj in Criminal Case No. 255/2016 has convicted the applicant as under:

         Conviction                     Sentence
U/s 323 of IPC               Imprisonment for 3 months
                             and fine of Rs. 1000/-, in
                             default of payment of fine
                             further 15 days.
U/s 341 of IPC               Imprisonment for 1 month
                             and fine of Rs. 500/-, in
                             default of payment of fine
                             further 10 days.
U/s 354 of IPC               Imprisonment for 1 year and
                             fine of Rs. 8500/-, in default
                             of payment of fine further 30
                             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. 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. 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