Khilesh Kanwar @ Chhotu vs The State Of Chhattisgarh
2025 Latest Caselaw 849 Chatt

Chattisgarh High Court

Khilesh Kanwar @ Chhotu vs The State Of Chhattisgarh on 30 July, 2025

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        Digitally
        signed by
        SOURABH
SOURABH PATEL
PATEL   Date:
        2025.07.31
        17:04:03
        +0530

                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                          CRA No. 1049 of 2025

                     1 - Manish Kanwar S/o Parmanand Kanwar, Aged About 21 Years,
                     R/o Village Khamariya, Aawaspara, Ps Sipat, District Bilaspur
                     C.G.
                                                                           --- Appellant
                                                   versus

                     1 - The State Of Chhattisgarh Through District Magistrate, District
                     Bilaspur C.G.
                                                                        --- Respondent

CRA No. 1199 of 2025

1 - Khilesh Kanwar @ Chhotu S/o Parmanand Kanwar Aged About 19 Years R/o Village Khamariya, Aawaspara, Ps Sipat, District Bilaspur (C.G.).

---Appellnat Versus

1 - The State Of Chhattisgarh Through District Magistrate, District Bilaspur (C.G.).

--- Respondent

Order Sheet

30/07/2025 Mr. Praveen Soni, Advocate for the Appellants in both appeals.

Mr. Vivek Sharma, P.L. for the State/Respondent.

Heard on I.A. No.01/2025, which is an application under Section 430 of B.N.S.S. for suspension of sentence and grant of bail to the appellants in both appeals.

By the common impugned judgment dated 23.05.2025 passed by learned Xth Additional Sessions Judge, Bilaspur (C.G.) in Sessions Trial Case No. 101/2022, whereby the appellants in both appeals have been convicted and sentenced as under:-

Conviction Sentence U/s 307, 34 of IPC R.I. for 07-07 years and fine of Rs.10,000-10,000/-, in default of payment of fine amount, further R.I. for 06- 06 months to each.

Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the case, and there are no material evidence against the appellants. He also submits that during trial the appellants were in jail from 18.12.2021 to 31.03.2022 and from the date

of judgment i.e., since 23.05.2025, they are in jail and, the conclusion of this appeal is likely to take considerable time. Therefore, the jail sentence of the appellants may be suspended till the final disposal of the case and they may be enlarged on bail.

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

Considering the facts and circumstances of the case, and perusing the statements of victim (PW-2), Dr. Akash Mishra (PW-3), Sunita Bai (PW-

4), Dhankumari (PW-5), Dr. Abhishek Mishra (PW-

7) and Lav Kumar (PW-10), I do not find it appropriate to allow the application for suspension of sentence and release the appellants on bail.

Accordingly, the applications (I.A. No. 01/2025) are rejected.

List these cases for final hearing in the month of September, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Sourabh P.