Chattisgarh High Court
Deepal Naykar vs State Of Chhattisgarh on 21 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2259 of 2024
• Deepal Naykar, S/o Raja Naykar, Aged About 21 Years, R/o Block 07/09
32, Acre Housing Board, Bhilai, PS Jamul, PS Chawni, District Durg,
Chhattisgarh
... Appellant
versus
• State Of Chhattisgarh, Through SHO, PS Chawni, Raipur, Chhattisgarh.
... Respondent
(Cause title taken from Case Information System)
Order Sheet
21/01/2025 Mr. Lukesh Kumar Mishra, counsel for the appellant appears
through video conferencing.
Ms. Anuradha Jain, 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.1/2024, application under Section 430
of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of
sentence and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 05.10.2024 (Annexure-A/1) passed by the learned
1st Additional Sessions Judge, Durg, District Durg (C.G.) in Sessions
Trial No.182/2022, appellant has been convicted and sentenced as
under :-
S.No. Conviction Sentence
01. U/s. 307 of Indian R.I. for 7 years with fine of
Penal Code, 1860 Rs.500/- and in default of
payment of fine, R.I. for 3
months.
02. U/s. 25 of the Arms R.I. for 2 years with fine of
Act, 1959 Rs.500/- and in default of
payment of fine, R.I. for 3
months.
03. U/s. 27 of the Arms R.I. for 3 years with fine of
Act, 1959 Rs.500/- and in default of
payment of fine, R.I. for 3
months.
All sentences are directed
to be run concurrently
Learned counsel for the appellant submits that appellant has
been convicted for maximum jail sentence of 7 years. He further
submits that injury cause to the victim is not dangerous to life, as it
has not been proved that any internal part of the body had been cut,
rather depth of injury is 1 cm only. It is further submitted that incident
occurred on spur of moment on account of trivial dispute. He further
submits that appellant is in jail since his arrest i.e., for about more
than 2 years and 5 months and he has a good case to get success
in appeal, 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 facts of the case, particularly
considering the number and nature of the injury and also
considering the fact that appellant is in jail since his date of arrest,
i.e., more than 2 years and 5 months and further considering the
totality of the facts, 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.1/2024, application under Section
430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension
of sentence 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
24.02.2025. 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 thereafter.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI NIRALA
DEEPTI JHA
JHA Date:
NIRALA 2025.01.21
17:13:06
+0530
