Shekhar @ Shekhar Singh vs State Of Chhattisgarh
2025 Latest Caselaw 1219 Chatt

Chattisgarh High Court

Shekhar @ Shekhar Singh vs State Of Chhattisgarh on 15 January, 2025

                                        1




              HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRA No. 75 of 2025

Shekhar @ Shekhar Singh S/o Kuldeep Singh Aged About 32 Years R/o Minus
Colony, Bishrapur, P.S. Bishrampur, District Surajpur Chhattisgarh.
                                                                        ... Appellant

                                     versus

State Of Chhattisgarh Through P.S. Bishrampur District Surajpur Chhattisgarh.
                                                                      ... Respondent

(Cause title, as taken from Case Information System)

Order Sheet

15/01/2025 Mr. Jai Prakash Shukla, counsel for the appellant.

Ms. Sunita Manikpuri, Dy. G.A. 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 Special Court. Also heard on I.A. No.1/2025, application for suspension of sentence under Section 430 (B) 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 06.12.2024 passed by the learned District and Upper Sessions Judge, Fast Track, Speical Court, Surajpur, District Surajpur (CG) in Special Sessions Case No.09/2023, the appellant has been convicted and sentenced as under :-

S.No. Conviction Sentence

01. Section 354 A (1) (i) 1 year R.I. and fine of of IPC Rs.200/-, in default of payment of fine, to undergo R.I. for 10 days.

Learned counsel for the appellant would submit that the appellant has been convicted and sentenced only for 1 year, out of which, he has already been served more than 8 months. He would further submit that on the basis of settlement arrived at between the parties, appellant has already been acquitted of the charges under Section 323, 294 and 506-B of the IPC. Since offence under Section 354 A(1)(i) is not compoundable, as such, case was heard finally by the trial Court, 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., 1 year imposed upon the appellant and considering the fact that settlement has been arrived at between the parties for the other offence, 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.01/2025, 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 18.02.2025. 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

Digitally signed by RUKHSAR RUKHSAR BANO BANO Date:

2025.01.16 11:28:52 +0530