Chattisgarh High Court
Vishal Bagh vs The State Of Chhattisgarh on 3 June, 2025
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Digitally signed
by BHOLA
NATH KHATAI
Date:
2025.06.03
14:53:21 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order Sheet
CRA No. 845 of 2024
Vishal Bagh S/o Prabhulal Bagh Aged About 19 Years R/o Ward No. 29
Oodiya Mohalla Bapu Nagar Khuseepar, Tehsil And District Durg
Chhattisgarh (Complete Particular Of The Appellant As Per Chargesheet
Which Is Not Mentioned In The Cause Title Of The Impugned Judgment)
---Appellant
Versus
The State Of Chhattisgarh Through The Station House Officer, Police
Station Khurseepar District Durg, Chhattisgarh
--- Respondent
03/06/2025 Mr. Siddharth Pandey, counsel for appellant.
Mr. Jitendra Shrivastava, G.A. for State.
Heard on I.A. No.02/2024 for suspension of sentence
and grant of bail.
By the impugned judgment of conviction and order of
sentence dated 04.01.2024, learned Sessions Judge, Durg
(CG) in Sessions Trial No.148/2021, has convicted the
appellant Vishal Bagh under section 307/34 of IPC and
sentenced to undergo rigorous imprisonment for 10 years
with fine of Rs.1,000/-, in default of payment of fine, to
undergo additional rigorous imprisonment for 1 month.
Learned counsel for appellant argues that the present
appellant has been falsely implicated in this case. He
submits that the dispute arose on account of distribution of
liquor among the parties. There was no premeditation on
the part of the present appellant to cause injuries to the
complainant and due to some altercation between the
parties, the incident took place. According to the doctor,
there were two incised wounds, measuring 2 x 1 x 1 cm and
4 x 2 x 0.5 cm, on the left side chest of the injured but the
doctor has not opined anything to show that the said injuries
were sufficient to cause his death. Though the injury was
grievous but it was not dangerous to life. Learned counsel
for the appellant submits that the appellant was on bail
during trial and he has not misused the aforesaid liberty
granted by the Court. There are 3 other co-accused
persons who have already been granted bail by this Court.
At present, the appellant is in jail since 04.01.2024 and the
appeal is likely to take sometime for its final disposal,
therefore, the appellant may be granted the benefit of
suspension of sentence and grant of bail.
On the other hand, learned State counsel opposes
the bail application and submits that the present appellant is
the main accused who has inflicted blows on the chest of
the injured/complainant and the injuries suffered by him are
likely to cause his death. He further submits that the
appellant underwent medical treatment for 9 days. As such
the bail application deserves to be dismissed.
Considering the facts and circumstances of the case,
particularly the fact that the doctor in his injury report has
not made any opinion in respect of the injuries sustained by
the injured on his chest to be dangerous to life, further the
knife was also not brought before the doctor for examination
and also considering the fact that the appellant was on bail
during trial and after conviction, he has already remained in
jail for about 18 months, without commenting on merits of
the case, I am inclined to suspend the jail sentence
imposed upon the appellant.
Accordingly, I.A. No. 2 of 2024 is allowed. The
substantive jail sentence imposed upon appellant Vishal
Bagh by the learned Trial Court is hereby suspended. The
appellant shall be released on bail on his executing a bail
bond of Rs. 25,000/- with one surety in the like amount to
the satisfaction of the concerned Trial Court for his
appearance before the Registry of this Court on
24.07.2025. Thereafter, he shall appear before the
concerned Trial Court on a date to be given by the
Registry of this Court and shall continue to appear there
on all such subsequent dates as are given to him by the
said Court, interval being not less than 6 months, till final
disposal of this appeal.
List this case for final hearing in due course.
Consequently, I.A. No.03/2025 for urgent hearing and
I.A. No.04/2025 for listing the case during summer vacation
stand disposed of.
List this case for final hearing in due course.
Sd/-
(Amitendra Kishore Prasad)
Vacation Judge
Khatai
