Deepak Kumar Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 867 Chatt

Chattisgarh High Court

Deepak Kumar Sahu vs State Of Chhattisgarh on 31 July, 2025

                                                  1




                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                      CRA No. 1510 of 2025
                   1 - Deepak Kumar Sahu S/o Jagatram Sahu Aged About 27
                   Years R/o Village Samoda, Police Station Aarang, District
                   Raipur, Chhattisgarh.
                   2 - Bharat Pade S/o Dhwaja Pade Aged About 45 Years R/o
                   Village Samoda, Police Station Aarang, District Raipur,
                   Chhattisgarh.
                   3 - Girish Sahu S/o Jagatram Sahu Aged About 22 Years R/o
                   Village Samoda, Police Station Aarang, District Raipur,
                   Chhattisgarh.
                   4 - Ramnarayan @ Rahul Paal S/o Tiharu Paal Aged About 34
                   Years R/o Village Samoda, Police Station Aarang, District
                   Raipur, Chhattisgarh.
                   5 - Rambabu Vaishnav S/o Vishram Vaishnav Aged About 24
                   Years R/o Village Samoda, Police Station Aarang, District
                   Raipur, Chhattisgarh.
                   6 - Tikaram Pade S/o Bharat Pade Aged About 19 Years R/o
                   Village Samoda, Police Station Aarang, District Raipur,
                   Chhattisgarh.
                                                                    ... Appellants
                                               versus
                   1 - State of Chhattisgarh, Through- Station House Officer,
                   Police Station Aarang, District Raipur, Chhattisgarh.
Digitally signed
by HEERA LAL
SAHU
Date:
2025.07.31
16:54:26
+0530
                                     2

                                                          ... Respondent

31/07/2025 Mr. Rahil Arun Kochar, counsel for the appellants.

                   Mr.      Karan        Baharani,         P.L.          for    the
             State/respondent.
                   Heard on admission.
                   Admit.

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

By the impugned judgment dated 16.07.2025 passed by learned 8th Additional Sessions Judge, District - Raipur (C.G.) in Sessions Trial No. 179/2021, whereby the appellants have been convicted for the offence punishable under Sections 147/149, 148/149, 506 Part -II and 325/149 of IPC and sentenced as under:-

               Conviction                          Sentence
             U/s      147/149 R.I. for 6 months and fine of Rs. 500/-,
             of IPC            in default of payment of fine amount
                               additional S.I. for 1 month.
             U/s      148/149 R.I. for 1 year and fine of Rs. 500/-, in
             of IPC            default     of    payment    of    fine    amount
                               additional S.I. for 1 month.

U/s 506 Part- R.I. for 2 years and fine of Rs. 1000/-, in II of IPC default of payment of fine amount additional S.I. for 3 months.

U/s 325/149 R.I. for 3 years and fine of Rs. 3000/-, in

of IPC default of payment of fine amount additional S.I. for 6 months.

(All the sentences were directed to run concurrently).

Learned counsel for the appellants submits that the appellants are innocent and are falsely implicated in the case, and there is no material evidence against the appellants. He also submits that the appellants are already on bail, and they have already deposited the fine amount imposed upon them, and maximum sentence of 3 years has been awarded to the appellants out of which appellants Deepak Kumar Sahu, Girish Sahu and Ram Narayan have already served the jail sentence of 11 days; appellants Rambabu Vaishnav and Tikaram Pade have already served the jail sentence of 6-7 days, and appellant Bharat Pade has already served the jail sentence of 19 days during trial, 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.

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

Considering the facts and circumstances of the case and also considering the fact that maximum sentence of 3 years has been awarded to the appellants for the aforesaid offences out of which appellants Deepak Kumar Sahu, Girish Sahu and Ram Narayan have already served the jail sentence of 11 days; appellants Rambabu Vaishnav and Tikaram Pade have

already served the jail sentence of 6-7 days, and appellant Bharat Pade has already served the jail sentence of 19 days during trial and the appellants have already on bail, the fine amount has already been deposited by them, and the final disposal of this appeal is likely to take considerable time, therefore, I am inclined to allow the application.

Accordingly, the application (I.A. No. 01/2025) is allowed. It is directed that the substantive jail sentence imposed upon the appellants shall remain suspended till final disposal of this case on their executing a personal bond for a sum of Rs. 25,000/- each with one surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 26th September, 2025. They 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 them by the said Court till disposal of this appeal.

Call for the records of the trial Court. List this case for final hearing after four weeks. Certified copy as per rules.

Sd/-

(Sanjay Kumar Jaiswal) Judge H.L. Sahu