Chattisgarh High Court
Harshad Gupta vs State Of Chhattisgarh on 30 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2039 of 2024
Harshad Gupta S/o Bhagirathi Gupta Aged About 24 Years Occupation Service,
R/o Village Baghbahar, P.S. Baghbahar, District Jashpur Chhattisgarh
... Appellant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Bagbahar,
District Jashpur Chhattisgarh. ... Respondent
(Cause title, as taken from Case Information System)
Order Sheet
30/01/2025 Ms. Hamida Siddiqui, counsel appears through video
conferencing and Mr. Syed Mohammad Sohail Afzal, counsel for
the appellant.
Ms. Anuradha Jain, Panel Lawyer for the State/respondent.
Heard on I.A. No.01/2024, application under Section 430 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment of conviction dated 30.4.2015
passed by learned Upper Sessions Judge, Kunkuri, District
Jashpur (C.G.) in Sessions Trial No.72/13, appellant has been
convicted and by the order of sentence dated 04.11.2024 passed
by learned Upper Sessions Judge, Pathalgaon, District Jashpur
(C.G.) in Sessions Trial No.01/2019, the appellant has been
sentenced in following manner:-
Sl. Conviction Jail Sentence Fine Default
No. u/S Sentence Stipulation
01. 376 (1), IPC R.I. for 7 Rs.10,000/- S.I. for 1 year
years
02. 506, IPC R.I. for 1 year Rs.1000/- S.I. for 3
months
All the jail sentences are directed to be run concurrently.
Learned counsel for the appellant would submit that the
judgment of conviction dated 30.4.2015 passed in S.T. No.72/13
was passed in absence of the appellant. Subsequently, appellant
has surrendered in light of the order dated 01.10.2024 (Annexure
A/4) passed by Hon'ble Apex Court in SLP (Crl.) No.6303/2019.
Thereafter, order of the sentence dated 04.11.2024 was passed
by the Upper Sessions Judge, Pathalgaon, District Jashpur in
Sessions Trial No.01/2019. Since 04.11.2024, appellant is in jail.
She would further submit that it was consensual relation, as victim
herself accompanied because they were in relation for about five
years, therefore, she 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.
Having considered the age of the victim and their long term
relationship, 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.01/2024, application 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 04.3.2025. 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 for final hearing in due course.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Rukhsar
Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2025.01.30
17:20:50
+0530
