Sanjay Kumar vs State Of Chhattisgarh
2025 Latest Caselaw 1153 Chatt

Chattisgarh High Court

Sanjay Kumar vs State Of Chhattisgarh on 13 January, 2025

                                                            1




                                   HIGH COURT OF CHHATTISGARH AT BILASPUR

        Digitally
        signed by
                                                   CRA No. 2248 of 2024
        RUKHSAR
RUKHSAR BANO

                     1 - Sanjay Kumar S/o Ramyash Ram Aged About 40 Years R/o Majhiyav, P.S.
BANO    Date:
        2025.01.13
        17:17:45
        +0530

                     Majhiyav, District Gadwa (Jharkhand) Jashpur.                        ... Appellant

                                                          versus

                     1 - State Of Chhattisgarh Through- S.H.O., P.S. Gandhinagar, District : Surguja
                     (Ambikapur), Chhattisgarh                                          ... Respondent

(Cause title, as taken from Case Information System)

Order Sheet

13/01/2025 Mr. Syed Mohammad Sohail Afzal, counsel for the appellant.

Mr. Vivek Sharma, P. L. for the State/respondent. Heard.

Admit.

Issue notice to the respondent.

Learned State counsel accepts notice on behalf of State/respondent, therefore, issuance of notice to it, is dispensed with.

Call for the record of the concerned trial Court. Also heard on I.A. No.1/2024, application for suspension of sentence under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and grant of bail to the appellant.

By the impugned judgment of conviction and order of sentence dated 03.12.2024 passed by the learned 2 nd Additional Sessions Judge, Ambikapur, District Surguja (CG) in Sessions Case No.224/2021, the appellant has been convicted and sentenced as under :-

   S.No.        Conviction                 Sentence
    01.    Section 325 of IPC    3 years S.I. and fine of
                                 Rs.500/-,   in   default    of
                                 payment     of    fine,     to
                                 undergo S.I. for 10 days.

Learned counsel for the appellant would submit that the appellant has been convicted under Section 325 of IPC only and sentenced for 3 years. He further submitted that the appellant has a good case in appeal, aforesaid fine amount has already been deposited and sentence has also been suspended by the Trial Court. He would further submit that during trial, appellant was on bail and never misused the same, therefore, he prays that application for suspension of sentence of the appellant may be allowed and sentence may be suspended till the decision of this appeal.

Per contra, learned State counsel opposes the application for suspension of sentence and grant of bail to the appellant.

I have heard learned counsel for the parties and perused the record carefully.

Taking into consideration the material available on record, particularly the short sentence, i.e., 3 years imposed upon the appellant, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellant. In view of above,

I.A. No.01/2024, application for suspension and grant of bail to the appellant is allowed.

The substantive jail sentence imposed upon the appellant by the learned trial Court is hereby suspended. He shall be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 14.02.2025. He shall thereafter 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 appeal.

List this matter for final hearing in due course.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Rukhsar