Chattisgarh High Court
Kishun Sahu vs State Of Chhattisgarh on 21 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 371 of 2025
1 - Kishun Sahu S/o Udla Ram Sahu Aged About 63 Years R/o Village - Karamtara, Thana -
Lalbag, District - Rajnandgaon (C.G.).
2 - Sheshnarayan S/o Kishun Sahu Aged About 32 Years R/o Village - Karamtara, Thana -
Lalbag, District - Rajnandgaon (C.G.).
3 - Satish Sahu S/o Kishun Sahu Aged About 28 Years R/o Village - Karamtara, Thana - Lalbag,
District - Rajnandgaon (C.G.).
4 - Ishwari Bai Sahu W/o Kishun Sahu Aged About 45 Years R/o Village - Karamtara, Thana -
Lalbag, District - Rajnandgaon (C.G.).
... Appellants
versus
1 - State Of Chhattisgarh Through The Police Station - Lalbag, District - Rajnandgaon (C.G.).
... Respondent
21.02.2025 Mr. Samir Singh, Counsel for the Appellants.
Mr. Karan Bharani, Panel Lawyer for the State.
Heard on admission as well as I.A. No. 01/2025, an
application under Section 430 of BNSS for suspension of
sentence and grant of bail.
Admit.
By virtue of the impugned judgment of conviction and order
of sentence dated 14.01.2025 passed in ST No. 63/2020 passed
by the learned Third Additional Sessions Judge, District-
Rajnandgaon C.G., whereby appellant has been convicted and
sentenced as under:
Conviction Sentence
Under Section 324/34 of RI for 6 months and fine of Rs.
IPC 500/- in default of fine
Additional RI for 01 month to
each appellants.
Under Section 352/34 of RI for 01 month and fine of Rs.
Indian Penal Code 100/- in default of fine
additional RI for 15 days to
each appellant.
Both the sentences are to bee run concurrently.
Learned Counsel appearing for the appellants contended
that the appellants have a prima facie good case in their favor
and they are hopeful to succeed on it. The appellants wer on bail
during the trial and they did not misused the liberty of bail granted
to them and after conviction they are on bail and the fine
imposed by the trial court has already been deposited. The
disposal of this Criminal appeal is likely to take long time. The
appellants are ready to abide all the terms and conditions which
may be imposed by this Hon'ble Court while suspending the jail
sentence of the appellants.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellants which
connects them 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 appellants and they were on bail during
the trial and the fine amount has already been deposited by them
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 appellants.
Accordingly, the substantive jail sentence imposed upon
the appellants by the learned trial court is hereby suspended. The
appellants by the learned trial court is hereby suspended. The
appellants shall be released on bail on their executing a bail bond
of Rs.10,000/- each with one surety in the like amount to the
satisfaction of the concerned Trial court for their appearance
before the Registry of this Court on 11.03.2025. Thereafter, they
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 them by the
Trial Court, till the final disposal of this appeal.
Consequently, IA No. 01/2025 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
