Shiv Benkar vs State Of Chhattisgarh
2025 Latest Caselaw 1314 Chatt

Chattisgarh High Court

Shiv Benkar vs State Of Chhattisgarh on 20 January, 2025

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               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRA No. 2025 of 2024

1 - Shiv Benkar S/o Indrapal Singh Aged About 35 Years R/o Village Udhnapur,
P.S. Khadgawan, District M.C.B. Chhattisgarh
2 - Chandramani Singh S/o Shiv Shankar Singh Aged About 23 Years R/o Village
- Chote Kaluwa, P.S. Khadgawan, District M.C.B. Chhattisgarh
3 - Narbad Singh S/o Late Sundar Singh Aged About 47 Years R/o Village Chote
Kaluwa, P.S. Khadgawan, District M.C.B. Chhattisgarh
                                                                           ... Appellant(s)
                                               versus
State Of Chhattisgarh Through Police Station Khadgawan, District Koriya, (Now
M.C.B.) Chhattisgarh
                                                                        ... Respondent(s)

Order on Board

20/01/2025 Mr. Pushkar Sinha, counsel for the appellants.

Mr. Vivek Sharma, Panel Lawyer for the State/ respondent. Heard.

Admit.

Also heard on IA No.02/2024, application under Section 430(1) of the BNSS for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence 17.10.2024 passed by the Additional Sessions Judge, Chirmiri Distt. Korea (Now MCB) (CG) in Session Case No. 50/2019, each appellants have been convicted and sentenced in the following manner:-

           BINI    PRADEEP
           PRADEEP Date:
                   2025.01.21
                     11:41:24 +0530




  Conviction u/s.            Sentence
  186 IPC (two counts)        RI for 01 day with fine of Rs.100/-; in
                             default RI for 01 day

  332/34 IPC                 RI for 01 day with fine of Rs.500/-; in
                             default RI for 01 day

  333/34 IPC                 RI for 03 years with fine of Rs.500/-;
                             in default RI for 10 days

All the above sentences were directed to run concurrently.

Learned counsel for the appellants submits that maximum sentence awarded to the appellants is three years and they were on bail during trial and they have not misused the liberty granted to them. Though their jail sentences have been suspended, but in pursuance of the direction of this Court on 14.11.2024, the appellants have surrendered before the trial Court, as such they are in jail. Thereafter they filed this second application for suspension of sentence and grant of bail as their first application was rejected vide Order dated 14.11.2024. Hence, the applicants may be released on bail.

On the other hand, learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the record.

Considering the short sentence awarded to the appellants and further considering that the applicants were on bail during trial and they have not misused the liberty granted to them, I feel inclined to allow the application for suspension of sentence and grant of bail to the appellants.

Accordingly IA No.02/2024 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.15,000/- 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 21.02.2025. 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