Chattisgarh High Court
Nikhil Namdev vs State Of Chhattisgarh on 20 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 131 of 2025
1. Nikhil Namdev, S/o Shri Mohan Namdev, Aged About 19 Years, R/o
Balbhadra Ward, Bhatapara, Police Station Bhatapara (City), District
Balodabazar-Bhatapara (C.G.).
2. Laxman Banjare, S/o Shri Vishvanath Banjare, Aged About 19 Years, R/o
Sant Mata Karma Ward, Bhatapara, Police Station Bhatapara (City),
District Balodabazar-Bhatapara (C.G.).
... Appellants
versus
• State Of Chhattisgarh, Through The Station House Officer, Police Station
Bhatapara (City), District Balodabazar-Bhatapara (C.G.).
... Respondent
(Cause title taken from Case Information System)
Order Sheet
20/01/2025 Mr. Paras Mani Shriwas, counsel for the appellants.
Mr. Vivek Sharma, P.L. for the State/respondent.
Heard on admission.
Admit.
Issue notice to the respondent.
Learned State counsel accepts notice on behalf of the
State/respondent, therefore, issuance of notice to it, is dispensed
with.
Also heard on I.A. No.1/2025, application under Section 430
of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of
sentence and grant of bail to the appellants.
By the impugned judgment of conviction and order of
sentence dated 07.12.2024 (Annexure-A/1) passed by the learned
Additional Judge to the Court of District and Upper Sessions Judge,
Bhatapara, District Balodabazar (C.G.) in Sessions Trial
No.26/2024, appellants have been convicted and sentenced as
under :-
S.No. Conviction Sentence
01. U/s. 341/34 of Indian S.I. for 1 month each with
Penal Code, 1860, fine of Rs.200/- each, in
each default of payment of fine
amount 20 days'
additional S.I., each.
02. U/s. 323 of Indian Penal S.I. for 6 months each
Code, 1860, each with fine of Rs.500/- each,
in default of payment of
fine amount 50 days'
additional S.I., each
03. U/s. 394 of Indian Penal R.I. for 3 years each with
Code, 1860, each fine of Rs.1,000/- each, in
default of payment of fine
amount 100 days'
additional R.I., each.
04. U/s. 379/34 of Indian R.I. for 2 years each with
Penal Code, 1860 fine of Rs.1,000/- each, in
default of payment of fine
amount 100 days'
additional R.I., each
All sentences are
running concurrently
Learned counsel for the appellants would submit that both the
appellants were on bail during trial and they never misused the
same. It is further submitted that appellants have been convicted for
maximum jail sentence of 3 years each and they have already
deposited the fine amount. He further submitted that jail sentence
has also been suspended by the trial Court and they have a good
case to get success in appeal, therefore, he prays that application
for suspension of sentence of the appellants 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 appellants.
I have heard learned counsel for the parties and perused the
record carefully.
Taking into consideration the facts of the case, particularly
considering the short term jail sentence awarded to the appellants
and further considering the fact that appellants were on bail during
trial. Thus, considering the totality of the facts, I feel inclined to allow
the application for suspension of sentence and grant of bail to the
appellants.
In view of above, I.A. No.1/2025, application under Section
430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension
of sentence and grant of bail to the appellants is allowed.
The substantive jail sentence imposed upon the appellants by
the learned trial Court is hereby suspended. They shall be released
on bail on their executing a personal bond in the sum of Rs.25,000/-
each with one surety each of the like amount to the satisfaction of
the concerned trial Court for their appearance before the Registry of
this Court on 10.02.2025. 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.
Call for record of the concerned trial Court.
List this matter along with CRA No.18/2025.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI DEEPTI
NIRALA
JHA
JHA Date:
NIRALA 2025.01.20
17:05:46
+0530
