Virendra Kumar Vaishnav vs State Of Chhattisgarh
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Chattisgarh High Court

Virendra Kumar Vaishnav vs State Of Chhattisgarh on 13 June, 2025

                                                  1




                        HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRR No. 651 of 2025
                   1 - Virendra Kumar Vaishnav S/o Prahalad Das Vaishnav
                   Aged About 42 Years R/o Vill.- Sevtapara, Dongergaon, Distt.-
                   Rajnandgaon (C.G.)
                                                                  ... Applicant
                                                versus
                   1 - State Of Chhattisgarh Through - District Magistrate,
                   Distt.- Rajnandgaon (C.G.)
                                                                 ... Respondent

Order Sheet

13.06.2025 Mr. Rakesh Kumar Thakur, Advocate for the Applicant.

Ms. Pragya Shrivastava, Dy. G.A. for the State/respondent.

Heard on IA No.01/2025, application under Section 438 of the BNSS for suspension of sentence.

Affirming the judgment of conviction and order of sentence dated 17.03.2021 passed in Criminal Case No. 4364/2011 by Judicial Magistrate First Class, Rajnandgaon (C.G.), the applicant has been convicted under Sections 420/34, 467/34, 468/34, 471/34 of IPC and sentenced to undergo maximum

jail sentence of 3 years vide judgment of conviction

and order of sentence dated 14.05.2025 passed by learned Third Additional Sessions Judge, Rajnandgaon (CG) in Criminal Appeal No.16/2021.

Learned counsel for the applicant submits that applicant was in jail for about 11 months and 27 days during trial. He was on bail during appeal. Now the applicant is in jail since the date of judgment passed by the appellate Court i.e. 14.05.2025. Applicant has not misused the liberty granted to him. He has already served about more than 1 years of jail sentence. Maximum jail sentence awarded to applicant is of 3 years. Co-accused Hemant Kumar Sahu has already been granted bail by the Co- ordinate Bench of this Court in CRR No. 662 of 2025, revision is likely to take some time for its final hearing and, therefore, the application for suspension of sentence and grant of bail may be allowed.

On the other hand, learned counsel for the State opposed the submission of learned counsel for the applicant.

On due consideration of submission of learned counsel for applicant based on maximum jail sentence and further that applicant has already served out more than 1 year of jail sentence, revision may take some time for its final disposal, I consider it to be an appropriate case to suspend the substantive jail sentence imposed on the applicant.

Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended during pendency of the revision 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 28th August 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 revision.

List this case in the month of September, 2025 along with CRR No. 662/2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu