Basanti Korwa vs State Of Chhattisgarh
2025 Latest Caselaw 1357 Chatt

Citation : 2025 Latest Caselaw 1357 Chatt
Judgement Date : 22 January, 2025

Chattisgarh High Court

Basanti Korwa vs State Of Chhattisgarh on 22 January, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR

                              CRA No. 156 of 2025
 •   Basanti Korwa, W/o Mahendra Korwa, Aged About 35 Years, R/o Kuniya
     (Musakhol), Police Station Kamleshwarpur, District Surguja (C.G.).
                                                                    ... Appellant
                                    versus
 •   State Of Chhattisgarh, Through Station House Officer, Police Station
     Kamleshwarpur, District Surguja(C.G.).
                                                                  ... Respondent

(Cause title taken from Case Information System)

Order Sheet

22/01/2025 Mr. Sudhir Kumar Bajpai, counsel for the appellant.

Mr. Ajay Kumrani, 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.

By the impugned judgment of conviction and order of sentence dated 26.11.2024 passed by the learned 1 st Additional Sessions Judge, Ambikapur, District Surguja (C.G.) in Sessions Trial No.21/2024, appellant has been convicted and sentenced as

under :-

S.No. Conviction Sentence

01. U/s. 304 (Part-II) of R.I. for 2 years with fine of Indian Penal Code, Rs.500/- and in default of 1860 payment of fine amount, additional R.I. for 3 months.

Learned counsel for the appellant submits that jail sentence imposed upon the appellant by the trial Court is only for 2 years and she is in jail since 1 year 2 months & 18 days. It is further submitted that all the witnesses have turned hostile and conviction awarded only on the basis of presumption, hence, she 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 fact that appellant is in jail since more than 1 year & 2 months, also considering the fact all the witnesses have turned hostile 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.1/2025, 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. She shall be released on bail on her 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 her appearance before the Registry of this Court on 25.02.2025. She 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 her 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 DEEPTI JHA JHA NIRALA NIRALA Date: