Devsingh @ Chavanni Gauriya vs State Of Chhattisgarh
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Chattisgarh High Court

Devsingh @ Chavanni Gauriya vs State Of Chhattisgarh on 4 July, 2025

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                                  Digitally signed
                                  by BHOLA
                                  NATH KHATAI
                                  Date:
                                  2025.07.04
                                  17:07:40 +0530




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                             CRA No. 933 of 2025

Devsingh @ Chavanni Gauriya S/o Jeevan Gauriya Aged About 32 Years
R/o- Ward No.- 01, Sahaspur, Lohara, Police Station- Sahaspur Lohara,
District- Kabirdham (C.G.)
                                                         ... Appellant
                                    versus
State Of Chhattisgarh Though District Magistrate Kabirdham (Kawardha)
District- Kabirdham (C.G.)
                                                     ... Respondent/State

Order Sheet

04/07/2025 Mr. Anand Kesharwani, counsel for appellant.

Mr. Vivek Sharma, P.L. for State.

Heard on I.A. No.02/2025, application under Section 5 of the Limitation Act.

After due consideration and finding the reasons assigned in the said application to be satisfactory, I.A. No.02 is allowed and the delay of 103 days in filing the appeal stands condoned.

Heard on admission.

Admit.

Also heard on I.A. No.01/2025, for suspension of sentence and grant of bail.

By the impugned judgment dated 18.11.2024 passed by learned Sessions Judge, Kabirdham (Kawardha) Chhattisgarh in S.T. No.16/2024, the appellant has been convicted and sentenced as under:-

        Conviction                      Sentence
 U/s 436 of IPC            R.I. for 10 years and fine of

Rs.5,000/-, in default of payment of fine, additional R.I. for 3 months.

U/s 307 of IPC R.I. for 7 years and fine of Rs.2,000/-, in default of payment of (seven times) fine, additional R.I. for 3 months.

                         (seven times)
 U/s 427 of IPC          R.I. for 1 year

(All the sentences were directed to run concurrently)

Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case on account of the dispute between the parties. He further submits that the appellant is in jail since 20.01.2024 and the appeal being of the year 2025, there is no likelihood of its early final disposal, therefore, considering these facts the jail sentence of the appellant may be suspended till the final disposal of the appeal and the appellant be released on bail.

On the other hand, learned State counsel opposing the bail application submits that there are 7 previous criminal records against the appellant. He further submits that considering the nature of offence, where the appellant locked the door of the house from outside where the complainant along with 6 members of his family was sleeping and set the house on fire, the appellant does not deserve to be released on bail.

Considering the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material available on record against the appellant and also considering his several previous criminal records, this Court is not inclined to grant bail to the appellant.

Accordingly, I.A. No.01 for suspension of sentence and grant of bail stands rejected.

The record of the trial Court has been received. List this case for final hearing in the week commencing 11th August, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai