Chattisgarh High Court
Ishwar Patel vs State Of Chhattisgarh on 27 February, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 401 of 2025
1 - Ishwar Patel S/o Baldau Ram Patel Aged About 21 Years R/o Mahamaya Para, P.S. Rakhi,
District- Raipur Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through - Station House Officer, Police Station Rakhi, District Raipur
Chhattisgarh
... Respondent
27.02.2025 Mr. Galib Dwivedi, Counsel for the Appellant.
Ms. Laxmin Kashyap, 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 under
Section 430 of BNSS 2023.
Admit.
By virtue of the impugned judgment of conviction and order
of sentence dated 01.02.2025 passed in Sessions Trial No.
171/2024 passed by Learned Ninth Additional Session Judge,
Raipur (C.G.), whereby appellant has been convicted and
sentenced as under:
Conviction Sentence
Under Section 148 of IPC R.I. for 01 year with fine of Rs.
1000/- in default of payment of
fine amount further to undergo
01 month additional
imprisonment.
Under section 324 read with R.I. for 03 years with fine of Rs.
Section 149 of IPC 2000/- in default of payment of fine
amount further to undergo 02 months
additional imprisonment.
Learned Counsel appearing for the appellant contended
that the appellant has a prima facie good case in his favor and he
is hopeful to succeed on it. The appellant is on bail under the
provisions of 430 BNSS and fine amount of Rs. 3000/- has
already been paid. The disposal of this Criminal appeal is likely to
take long time. The appellant 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 appellant.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellant 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 appellant 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 appellant by the learned trial court is hereby suspended. The
appellant by the learned trial court is hereby suspended. The
appellant shall be released on bail on his executing a bail bond of
Rs.10,000/- 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 12.03.2025. 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
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
