Ishwar Kanwar vs State Of Chhattisgarh
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Chattisgarh High Court

Ishwar Kanwar vs State Of Chhattisgarh on 17 July, 2025

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                                                                Digitally signed
                                                                by BHOLA
                                                                NATH KHATAI
                                                                Date:
                                                                2025.07.18
                                                                13:49:56 +0530




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                         CRA No. 1936 of 2024

Ishwar Kanwar S/o Late Sahukar Kanwar, Aged About 42 Years R/o
Village - Bamhni, P.S.-Lalbagh, District - Rajnandgaon (C.G.)
                                                       ... Appellant
                                  versus
State Of Chhattisgarh Through Police Station - Lalbagh, Rajnandgaon,
District - Rajnandgoan (C.G.)
                                                         ... Respondent

Order Sheet

17/07/2025 Mr. Rishabh Bisen, counsel for appellant.

Ms. Priya Sharma, P.L. for State.

Heard on admission.

Admit.

Call for the records.

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

By the impugned judgment dated 23.08.2024 passed by learned Sessions Judge, Rajnandgaon in Sessions Trial No. 70/2023, the appellant has been convicted and

sentenced as under:-

       Conviction                         Sentence
 U/s 326 of IPC               R.I. for 3 years and fine of Rs.
                              5,000/-, in default of payment of
                              fine, additional R.I. for 3
                              months.

Learned counsel for appellant submits that the appellant is innocent and he has been falsely implicated in this case. He submits that during trial the appellant was on bail and even after passing of the impugned judgment, he is on bail. He submits that the appellant and the victim are relatives and the fine amount has been deposited. He further submits that the maximum sentence imposed upon the appellant is 3 years, out of which he has already served the jail sentence of about 6 months & 8 days and there is no likelihood of early disposal of the appeal, therefore, considering all these facts the jail sentence of the appellant may be suspended till the final disposal of the appeal.

On the other hand, learned State counsel opposes the bail application.

Considering the entire facts and circumstances of the case, particularly the facts that the appellant is on bail, fine amount has been deposited, the maximum sentence imposed upon the appellant is 3 years out of which he has already served the jail sentence of about 6 months & 8 days and the final disposal of this appeal is likely to take considerable time, the application (I.A. No.01) is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended till final disposal of

this appeal on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 18th August, 2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and thereafter, continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court till disposal of this appeal.

List this case in the week commencing 28th July, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai