Chattisgarh High Court
Rameshwar Sahu vs State Of Chhattisgarh on 16 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1663 of 2024
1 - Rameshwar Sahu S/o Shri Narayan Sahu Aged About 45 Years R/o Village
Dongariya Nawapara, Police Station - Sahaspur Lohara, District Kabirdham,
Chhattisgarh
2 - Jageshwar @ Jaggu Sahu S/o Shri Rameshwar Sahu Aged About 18 Years
R/o Village Dongariya Nawapara, Police Station - Sahaspur Lohara, District
Kabirdham, Chhattisgarh
... Appellant(s)
versus
State Of Chhattisgarh Through Police Station Sahaspur Lohara, District
Kabirdham, Chhattisgarh
... Respondent(s)
Order Sheet
16/01/2025 Mr. Pushpendra Kumar Patel, counsel for the appellants.
Mr. Ajay Kumrani, Panel Lawyer for the State/
respondents.
Heard on IA No.01/2024, application under Section 430(1)
of the Bharatiya Nagarik Surakhsa Sanhita, 2023 for suspension
of sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 27.8.2024 (Annexure-A/1) passed by the
Additional Judge to the Court of Additional Sessions Judge,
Kabirdham, Distt. Kabirdham (CG) in Session Case No.25/2021,
the appellants have been convicted and sentenced as under:-
by BINI
BINI PRADEEP
PRADEEP Date: 2025.01.17
11:18:31 +0530
Conviction Sentence Fine Default
u/s
307/34 IPC RI for 05 Rs.5,000/- RI for 03
years months
323/34 IPC RI for 01 Rs.500/- SI for 01
month
year
Learned counsel for the appellants submits that maximum
jail sentence awarded to the appellants are 5 years and both the
sentences are directed to be run concurrently, the appellants
were on bail during trial and they have not misused liberty
granted to them. He would further submit that the appellants
have a good case to get success, because, as per the medical
report, no any grievous injury is proved on vital part of body of
injured Bhuneshwar Sahu and injury sustained to another victim,
who is wife of Bhuneshwar Sahu, was simple in nature. He
would further submit that fine amount imposed by the trial Court
has already been paid by the appellants before the trial Court.
Hence, it is prayed that jail sentence awarded to to the appellants
may be suspended.
Per contra, learned counsel for the State opposes the
application for suspension of sentence and grant of bail to the
appellants.
Heard learned counsel for the parties and perused the
record.
Having considered the medical report, in which one
fracture on the hand of victim Bhuneshwar has been reported and
other injuries sustained to him and his wife Saraswati Sahu are
simple in nature, hence, I feel inclined to allow the application for
suspension of sentence and grant of bail to the appellant.
In view of the above, IA No.01/2024 is allowed.
The substantive jail sentences imposed upon the
appellants by the learned trial Court is hereby suspended. They
shall be released on bail on each of them 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 their
appearance before the Registry of this Court on 18.02.2025. They
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 them
by the said Court, interval being not less than 6 months, till final
disposal of this appeal.
List this case for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini
