Arti Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1197 Chatt

Chattisgarh High Court

Arti Sahu vs State Of Chhattisgarh on 14 January, 2025

                                         1/3




            HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 CRR No. 51 of 2025

1 - Arti Sahu D/o Samaru Sahu Aged About 30 Years R/o Village Nagoi, Police Station-
Sarkanda,                District-               Bilaspur,                  Chhattisgarh.
2 - Smt. Shashi @ Sachi Anand W/o Mahendra Anand Aged About 28 Years R/o
Talapara, Ward No.12, Police Station Civil Line, Bilaspur, District- Bilaspur,
Chhattisgarh.
                                                                      ... Applicants
                                        versus


1 - State Of Chhattisgarh Through District Magistrate/station House Officer, Police
Station- Balodabazar, District-Balodabazar-Bhatapara, Chhattisgarh.
                                                                       ... Respondent(s

Order Sheet

14/01/2025 Mr. Dharmesh Shrivastava, Counsel for the applicant.

Mr. Pranjal Shukla, Panel Lawyer for the State. Heard on I.A. No. 01/2025, an application under Section 438 of BNSS, 2023 for suspension of sentence and grant of bail.

By the impugned judgment of conviction and sentence dated 06.01.2025 passed by Second Additional Sessions

Judge, Balodabazar, District- Balodabazar-Bhatapara (C.G.) in Criminal Appeal No. 33/2022, whereby the learned Appellate Court has reversed the finding of the learned JMFC, Balodabazar, District- Balodabazar-Bhatapara and convicted the applicants for the offence under Section 380/34 of IPC and sentenced to undergo SI for 6 months and fine of Rs. 1000/- each and in default of payment of fine, further SI for 7 days.

Learned counsel for the applicants submits that the impugned judgment dated 06.01.2025 is based on incorrect finding and improper appreciations of the record of the Trial Court and is liable to be dismissed. He further contended that the fine amounts have been paid by the applicants and they were on bail during the trial.

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 applicants and they have 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 applicants.

Accordingly, the substantive jail sentence imposed upon the applicants by the learned Trial Court is hereby suspended. The applicants shall be released on bail on their

executing a bail bond of Rs. 10,000/- each with two sureties in the like amount to the satisfaction of the concerned Trial Court for their appearance before the Registry of this Court on 14.02.2025. 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 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