Chattisgarh High Court
Deepak Sharma vs State Of Chhattisgarh on 28 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 183 of 2025
1. Deepak Sharma, S/o Damodar Sharma, Aged About 57 Years, R/o
Brahman Para, Ghumka, Rajnandgaon, District Rajnandgaon (C.G.).
2. Gaurav Sharma, S/o Deepak Sharma, Aged About 27 Years, R/o
Brahman Para, Ghumka, Rajnandgaon, District Rajnandgaon (C.G.).
... Appellants
versus
• State Of Chhattisgarh, Through The Police Station Ghumka, District
Rajnandgaon (C.G.).
... Respondent
(Cause title taken from Case Information System)
Order Sheet
28/01/2025 Mr. Tapan Kumar Chandra, counsel for the appellants.
Ms. Anuradha Jain, P.L. for the State/respondent.
Heard on admission.
Admit.
Call for records of the concerned trial Court.
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 for suspension of
sentence and grant of bail under Section 430(2) of Bhartiya Nagrik
Suraksha Sanhita, 2023.
By the impugned judgment of conviction and order of
sentence dated 10.01.2025 passed by the learned Upper Sessions
Judge, Rajnandgaon, District Rajnandgaon (C.G.) in Sessions Trial
No.34/2022, each of the appellant has been convicted and
sentenced as under :-
S.No. Conviction Sentence
01. U/s. 325 of Indian R.I. for 2 years with fine of
Penal Code, 1860 Rs.3,000/- and in default of
payment of fine, R.I. for 1
month.
Learned counsel for the appellants would submit that
appellants were on bail during trial and never misused the same. It
is further submitted that even after conviction of appellants, jail
sentence has been suspended by the trial Court and maximum jail
sentence has been awarded only upto 2 years. He further submits
that appellants has a good case to get success in appeal. 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 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 short term sentence imposed upon the appellants
and further considering the fact that appellants were on bail during
trial, hence, 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.1/2025, application for suspension
of sentence and grant of bail under Section 430(2) of Bhartiya
Nagrik Suraksha Sanhita, 2023 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 their executing a personal bond in the sum of Rs.25,000/-
each 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 03.03.2025. 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 thereafter.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Digitally
signed by
DEEPTI
DEEPTI JHA
JHA NIRALA
NIRALA Date:
2025.01.29
13:18:53
+0530
