Chattisgarh High Court
Jageshwar @ Jaggu Sahu vs State Of Chhattisgarh on 28 July, 2025
1/3
Digitally signed
by BHOLA
NATH KHATAI
Date:
2025.07.28
18:32:03 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 890 of 2025
Jageshwar @ Jaggu Sahu S/o Loknath Sahu Aged About 35 Years R/o
Village Kotgaon, Police Station Mahamaya, District Balod (C.G.)
... Appellant
versus
State Of Chhattisgarh Through Police Station Mahamaya, District Balod
(C.G.)
... Respondent
Order Sheet
28/07/2025 Ms. Ranjana Jaiswal, counsel for appellant.
Mr. Pranjal Shukla, P.L. for State.
Heard on I.A. No.01/2025, application under Section
430 of BNSS 2023 for suspension of sentence and grant of
bail.
By the impugned judgment dated 13.02.2025 passed
by learned Special Judge, SC/ST (PA) Act, Balod, District
Balod (CG) in Special Case No.70/2021, the appellant has
been convicted and sentenced as under:-
Conviction Sentence
U/s 456 of IPC R.I. for 3 years with fine of
Rs.1,000, in default of payment of
fine, additional R.I. for 1 month.
U/s 454 of IPC R.I. for 5 years with fine of
Rs.1,000, in default of payment of
fine, additional R.I. for 1 month.
U/s 3 (1) (w)(i) of SC R.I. for 5 years with fine of
& ST (Prevention of Rs.1,000, in default of payment of
Atrocities) Act, 1989 fine, additional R.I. for 1 month..
(All the sentences have been directed to run
concurrently)
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 in
custody for about 4 days and now he is in jail from the date
of judgment i.e. 13.02.2025 and the maximum sentence
imposed upon the appellant is 5 years, out of which he has
already served the jail sentence of about 5 months 20 days.
He further submits that the appeal being of the year 2025,
there is no likelihood of its early final disposal, 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.
The victim along with her husband appeared before
this Court today through virtual mode from DLSA, Balod
and objected in granting bail to the appellant.
Heard learned counsel for the parties and perused
the record.
Considering the entire facts and circumstances of the
case, particularly the fact that the maximum sentence
imposed upon the appellant is 5 years, out of which he has
already served the jail sentence of about 5 months & 20
days and also considering the fact that the final disposal of
this appeal is likely to take considerable time, without
commenting on merits of the case, I am inclined to suspend
the jail sentence imposed upon the appellant.
Accordingly, I.A. No. 01/2025 for suspension of
sentence and grant of bail is allowed. It is directed that
the substantive jail sentence imposed upon the appellant
shall remain suspended till final disposal of this appeal
and he shall be released on bail 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 3rd
September, 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.
Record of the Trial Court has already been received.
List the case for final hearing in due course.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Khatai
