Chattisgarh High Court
Sandeep Rao vs State Of Chhattisgarh on 25 July, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 721 of 2025
1 - Sandeep Rao S/o Prahlad Rao Aged About 22 Years R/o
Fulwari Para, Shivpur, P.S. Pali, District Korba, Chhattisgarh.
... Appellant
versus
1 - State Of Chhattisgarh, Through Station House Officer,
Police Station Pali, District Korba, Chhattisgarh.
... Respondent
25/07/2025 Mr. Suresh Tandan, counsel for the appellant.
Mr. Karan Baharani, P.L. for the
State/respondent.
Heard on I.A. No.01/2025, application under
Section 430 of BNSS for suspension of sentence and
grant of bail.
By impugned judgment dated 20.03.2025
passed by learned Special Judge, SC & ST
(Prevention of Atrocities) Act, Korba, District - Korba
(C.G.) in Special Criminal Case No. 07/2023, the
appellant has been convicted for offence punishable
under Sections 354, 354(A), 354(D) of IPC & Section
+0530
3(2)(va), 3(1)(B) of SC & ST (Prevention of Atrocities)
Act and sentenced as under:
Conviction Sentence
U/s 354 of IPC R.I. for 4 years and fine of Rs.
1,000/-, in default of payment of
fine to further undergo R.I. for 2
months.
U/s 354(A) of R.I. for 3 years and fine of Rs.
IPC 1,000/-, in default of payment of
fine to further undergo R.I. for 2
months.
U/s 354(D) of R.I. for 3 years and fine of Rs.
IPC 1,000/-, in default of payment of
fine to further undergo R.I. for 2
months.
U/s 3(2)(va) of R.I. for 4 years and fine of Rs.
SC & ST 1,000/-, in default of payment of
(Prevention of fine to further undergo R.I. for 2
Atrocities) Act months.
U/s 3(1)(B) of R.I. for 2 years and fine of Rs.
SC & ST 1,000/-, in default of payment of
(Prevention of fine to further undergo R.I. for 2
Atrocities) Act months.
(All the sentences were directed to run concurrently).
Learned counsel for the appellant submits that
there is no material on record on the basis of which
the appellant's conviction can be sustained. The
appellant was in jail from 07.07.2023 to 09.08.2024,
and he is still in jail from 20.03.2025. The appellant
has paid the fine amount imposed upon him. He
further submits that the appellant has been
sentenced with a maximum sentence of 4 years out
of which the appellant has already remained in
custody for about 1 year and 5 months. The
appellant has no criminal past, and the conclusion of
this appeal is likely to take considerable time;
therefore, the jail sentence of the appellant may be
suspended till final disposal of the case, and he may
be released on bail.
Learned State counsel opposes the submissions
made by the counsel for the appellant.
The victim appeared through video conferencing
from the concerned DLSA and raised her objection in
granting bail to the appellant.
Considering the facts and circumstances of the
case, and also the fact that the appellant has no
criminal antecedents, a maximum sentence of 4
years has been imposed upon him for the aforesaid
offences out of which he has already remained in
custody for about 1 year and 5 months (from
07.07.2023 to 09.08.2024 and from 20.03.2025 till
date) fine amount imposed upon the appellant has
already been deposited by him, and the appeal is
likely to take considerable time for its conclusion, at
this stage, I am inclined to allow the application.
Accordingly, I.A. No.1/2025 is allowed. It is
directed that the substantive jail sentence imposed
upon the appellant shall remain suspended during
the pendency of the appeal, and he shall be released
on bail on his furnishing a personal bond of
Rs.25,000/- with one local surety in the like sum to
the satisfaction of the concerned trial Court, for his
appearance before the Registry of this Court on 25th
September 2025. Thereafter, he shall appear before
the concerned trial Court on the date given by the
Registry of this Court and continue to appear there
till final disposal of this appeal.
List this case for final hearing in its
chronological order.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
