Chattisgarh High Court
Kanwar Bagh Alias Santlal Bagh vs State Of Chhattisgarh on 20 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2148 of 2024
Kanwar Bagh Alias Santlal Bagh S/o Late Ajeet Bagh Aged About 34 Years R/o
Samta Colony Arjun Nagar Near Meeradatar P.S. Azad Chowk District - Raipur
(C.G.)
... Appellant(s)
versus
State Of Chhattisgarh Through P.S. Gudiyari District - Raipur (C.G.)
... Respondent(s)
Order on Board
20/01/2025 Mr. Priyank Rathi, counsel for the appellant.
Ms. Anuradha Jain, Panel Lawyer for the State/respondent.
Heard.
Admit.
Also heard on IA No.01/2024, application under Section
430 of BNSS for suspension of sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence 07.11.2024 passed by the learned Upper Sessions
Judge, Raipur (CG) in Session Case No. 53/2021, the appellant
has been convicted and sentenced in the following manner:-
by BINI
BINI PRADEEP
PRADEEP Date: 2025.01.21
12:13:47 +0530
Conviction u/s. Sentence
307 IPC RI for 07 years with fine of Rs.1000/-;
in default, RI for 02 months
4/25(1-B)(b) of Arms RI for 02 years with fine of Rs.500/-;
Act in default RI for 01 month
5(1)(a)/27(1) of the RI for 03 years with fine of Rs.500/-;
Arms Act in default RI for 01 month
All the above sentences were directed to run concurrently.
Learned counsel for the appellant submits that there is no
eye witness to the incident and the injuries sustained to the victim
were not grievous as per Section 320 IPC and there is no opinion
of the doctor that the injuries sustained to the victim are
dangerous to his life. He would further submit that the appellant
was on bail during trial and he has not misused the liberty granted
to him, hence, he 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.
Taking into consideration the evidence and nature of injury
sustained to the victim and further considering that the appellant
was on bail during trial, I feel inclined to allow the application for
suspension of sentence and grant of bail to the appellant.
Accordingly IA No.01/2024 is allowed.
The substantive jail sentences 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 21.02.2025. 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 case for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini
