Krishna Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 944 Chatt

Chattisgarh High Court

Krishna Sahu vs State Of Chhattisgarh on 3 January, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR

                       CRA No. 1777 of 2024


 •   Krishna Sahu S/o Samodhi Sahu Aged About 60 Years R/o
     Navagaon Temri, P.S. - City Kotwali, District - Mungeli,
     Chhattisgarh.
                                                     ... Appellant
                               versus


 •   State Of Chhattisgarh Through Police Station - City Kotwali,
     Mungeli, District - Mungeli, Chhattisgarh.
                                                   ... Respondent

03/01/2025 Mr. Pallav Mishra, counsel for the appellant.

Mr. Ajay Pandey, G.A. for the State/respondent.

Heard on I.A. No. 01/2024, application under Section 430 of B.N.S.S. for suspension of sentence and grant of bail.

By the impugned judgment dated 19.09.2024 passed by learned First Additinal Sessions Judge, Mungeli (C.G.) in Sessions Trial No. 06/2023, the appellant has been

convicted and sentenced as mentioned below :

Conviction Sentence In Default Under Section SI for 03 months NA- 294 of IPC

Under Section SI for 06 months NA- 323 of IPC

Under Section SI for 02 years NA- 506 Part-II of IPC

Under Section SI for 05 years In default of 307 of IPC and fine amount payment of fine of Rs. 100/- amount additional SI for 01 months

Learned counsel for the appellant submits that the appellant is innocent and is falsely implicated in the case.

He further submits that two victims had suffered simple injuries in their respective bodies and one namely Jalesh Sahu sustained just one injury over his head and in the medical examination the injuries sustained by all of them were simple in nature and there is no fracture in their body, therefore, no offence under Section 307 IPC can be made out against the Appellant. He next submits that

Appellant was detained in judicial custody from 07.11.2022 to 21.12.2022 and also since 19.09.2024 from the date of passing of the judgment and disposal of this appeal is likely to take considerable time, therefore, he may be enlarged on bail.

On the other hand, learned State counsel opposes the application for suspension of sentence and grant of bail and supported the impugned judgment.

I have heard learned counsel appearing for the parties.

Considering the facts and circumstances of the case, material available on record, I do not find any good ground to release the appellant on bail.

Accordingly, I.A. No. 01/2024 is rejected.

List this case for final hearing in the week commencing 13th January, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Digitally signed by SOURABH SOURABH PATEL PATEL Date:

2025.01.04 11:42:22 +0530

Sourabh P.