Chattisgarh High Court
Ishu Miri vs State Of Chhattisgarh on 23 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1704 of 2024
1 - Ishu Miri S/o Tiharu Miri Aged About 23 Years R/jo Village- Samoda, Tehsil -
Arang, District - Raipur (C.G.)
2 - Karan Dewangan S/o Naresh Dewangan Aged About 22 Years R/o Village -
Samoda, Tehsil - Arang District - Raipur (C.G.)
3 - Parmeshwar Chakradhari S/o Bhukhan Lal Chakradhari Aged About 22 Years
R/o Village Samoda, Tehsil - Arang, District - Raipur (C.G.)
... Appellants
versus
1 - State Of Chhattisgarh Through, Police Station Arang, District - Raipur (C.G.)
... Respondent
(Cause title, as taken from Case Information System)
Order Sheet
23/01/2025 Mr. Shobhit Koshta, counsel for the appellants.
Ms. Sunita Manikpuri, Dy. G.A. for the State/respondent.
Heard on I.A. No.1/2024, application for suspension of sentence
under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and
grant of bail to the appellants.
By the impugned judgment of conviction and order of sentence
dated 16.8.2024 passed by learned 4 th Upper Sessions Judge, Raipur,
District Raipur (C.G.) in Sessions Trial No.79/2021, the appellants have
been convicted and sentenced as under :-
S.No. Conviction u/S Sentence
01. 306/34, IPC 10 years R.I. and fine of
Rs.2000/-, in default of
payment of fine, to undergo
R.I. for 06 months.
Learned counsel for the appellants would submit that appellants
were on bail during trial. They have been convicted only on the basis of
suicidal note written by deceased. He would further submit that about 2
months prior to the incident, neither appellants have met with the
deceased nor they have talked to her. No such fact has been proved by
the prosecution, 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 strongly 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.
Having considered the facts that appellants were on bail during
trial and further considering the evidence of deposition of father of the
deceased (PW-1), brother of the deceased (PW-2) and mother of the
deceased (PW-3), 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.01/2024, application for suspension of
sentence under Section 430 of the Bhartiya Nagrik Suraksha Sanhita,
2023 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 each of their executing a personal bond in the sum of
Rs.25,000/- 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 24.02.2025. 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 matter for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Rukhsar
Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2025.01.23
17:07:01
+0530
