Santoshi Chouhan vs State Of Chhattisgarh
2025 Latest Caselaw 1391 Chatt

Chattisgarh High Court

Santoshi Chouhan vs State Of Chhattisgarh on 23 January, 2025

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                         order sheet

                                     CRR No. 110 of 2025

  1 - Santoshi Chouhan W/o Manoj Kumar Chouhan Aged About 34 Years R/o Village
  Gharipakhana, Thana And Tahsil Katghora, District Korba Chhattisgarh
                                                                       ... Petitioner(s)

                                            versus

  1 - State Of Chhattisgarh Through Chowki Rampur, Thana Kotwali, District Korba Chhattisgarh
                                                                            ... Respondent(s)

23.01.2025 Mr. Vikas Kumar Pandey, Counsel for the Petitioner.

Ms. Priya Sharma, Panel Lawyer for the State/ Respondent.

Heard on admission as well as on I.A. No. 01/2025, an

application for suspension of sentence and grant of bail.

By virtue of the impugned judgment of conviction and order of sentence dated 16.01.2025 passed by Learned Third Upper Session Judge, Korba, Distt. Korba (C.G.) in Criminal Appeal No. 14/2024, whereby the petitioner has been convicted and sentenced as under:

Conviction Sentences

Under Section 420 of the Indian Rigorous Imprisonment for 01 Penal Code years and fine of Rs. 500/- in default of fine Rigorous imprisonment for 01 month.

Learned Counsel appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in connection with the alleged crime. It is further contended that the petitioner was on bail during the trial and he is in jail since 16.01.2025 and earlier also he was in jail from 08 th of August, 2015 to 07th of November, 2015 and from 17,th October, 2018 to 25th October, 2018. Since the appeal will take some considerable time for its conclusion, therefore, the jail sentence as awarded by the Trial Court be kept in abeyance, till the disposal of this criminal revision.

On the other hand, learned counsel appearing for the Respondent/State has opposed the said application.

Having considered the aforesaid contention of the parties, considering the nature of incident and act committed by the petitioner particularly considering the conviction of the petitioner which is only under Section 420 of the Indian Penal Code and a short sentence of only one year has been given with fine of Rs. 500/-, therefore, I am inclined to allow this application for suspension of sentence and grant of bail without further commenting anything on the merits of this case.

Accordingly, I.A. No. 01/2025 is allowed and it is directed that the substantive jail sentence imposed upon appellant shall remain suspended during the pendency of this criminal revision and he shall be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- along with two surety in like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 20.02.2025. He shall thereafter appear before the Trial court on a date to be given by the Registry of this Court he shall continue to appear on all such subsequent dates as are given to him by the said Court till the disposal of this criminal revision.

In view of above, I.A. No. 01/2025, stands disposed of. List this case thereafter.

sd/-

(Arvind Kumar Verma) Judge

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