Janik Ram Kewat vs State Of Chhattisgarh
2025 Latest Caselaw 1020 Chatt

Chattisgarh High Court

Janik Ram Kewat vs State Of Chhattisgarh on 9 January, 2025

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           HIGH COURT OF CHHATTISGARH AT BILASPUR



                                 CRR No. 24 of 2025


1 - Janik Ram Kewat S/o Kaliram Aged About 35 Years R/o Village Bhilauni Police
Station Pachpedi Tahsil And District - Bilaspur (C.G.)
                                                               ... Applicant


                                         versus


1 - State Of Chhattisgarh Through Station House Officer, Police Station Pachpedi
District - Bilaspur (C.G.)
                                                             ... Respondent(s)

Order Sheet

09/01/2025 Mr. Basant Kaiwartya along with Mr. Shyamta Prasad Sannat, Counsel for the applicant.

Mrs. Prabha Sharma, Panel Lawyer for the State. Heard on I.A. No. 01/2025, an application for suspension of Sentence and Grant of Bail.

By the impugned judgment of conviction and sentence dated 31.12.2024 passed by the learned Second Additional Sessions Judge, Bilaspur, District- Bilaspur (C.G.) in Criminal Appeal No. 215/2024 arising out of the judgment of acquittal dated 25.07.2024 passed in Criminal Case No. 5766/2024 by the learned Judicial Magistrate First Class, Bilaspur, District- Bilaspur (C.G.), whereby the learned Second Additional Sessions Judge, Bilaspur has convicted the applicant as under:

    Conviction                       Sentence
U/s 456 of IPC         SI for 6 months and fine of Rs. 500/-,
                       in default of payment of fine amount,
                       additional SI for 1 month.
U/s 354 of IPC         SI for 1 year and fine of Rs. 500/-, in

default of payment of fine, additional SI for 1 month.

Both the sentences will run concurrently.

Learned counsel for the applicant submits that the fine amount has already been paid. The applicant has a good prima facie case in his favour. The applicant was in custody from 12.09.2021 to 21.09.2021 and he was on bail during the proceeding of the trial as well as appeal period and he did not misused the liberty granted by the Court below and now he is in jail since 31.12.2024.

On the other hand, learned counsel for the State opposes the bail application and submission made in this

regard.

I have heard learned counsel appearing for the parties. 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 applicant.

Accordingly, the substantive jail sentence imposed upon 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. 10,000/- with two sureties in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 14.02.2025. 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 said court, interval being not less than 6 months, till final disposal of this CRR.

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.

Sd/-

(Arvind Kumar Verma) Judge Madhurima