Murari Nayak vs State Of Chhattisgarh
2025 Latest Caselaw 3211 Chatt

Chattisgarh High Court

Murari Nayak vs State Of Chhattisgarh on 23 June, 2025

                                  1/3

                                                                     Digitally
                                                                     signed by
                                                                     BHOLA
                                                            BHOLA NATH
                                                            NATH KHATAI
                                                            KHATAI Date:
                                                                   2025.06.24
                                                                     10:35:33
                                                                     +0530




        HIGH COURT OF CHHATTISGARH AT BILASPUR


                       CRA No. 1041 of 2025

Murari Nayak S/o Khirsindhu Nayak Aged About 19 Years R/o Village
Boirmal Thana - Singhoda, District : Mahasamund, Chhattisgarh
                                                  ... Appellant
                                 versus
State Of Chhattisgarh Through Station House Officer Police Station
Singhoda, District : Mahasamund, Chhattisgarh
                                                        ... Respondent

Order Sheet

23/06/2025 Ms. Anjali Pradhan, counsel for appellant.

Ms. Sunita Sahu, P.L. for State.

Heard on I.A. No.01/2025, application under Section 430 of BNSS for suspension of sentence and grant of bail.

By the impugned judgment dated 07.05.2025 passed by learned 1st Sessions Judge, Saraipali, District Mahasamund (CG) in S. T. No. 32/2020, the appellant has been convicted and sentenced as under:-

Conviction Sentence U/s 326 of IPC R.I. for 3 years and fine of Rs.

1,000/-, in default of payment of fine, additional R.I. for 1 month.

Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. He submits that during trial the appellant was on bail and even after passing of the impugned judgment, he is on bail. The appellant has already deposited the fine amount imposed on him. He submits that the maximum sentence imposed upon the appellant is 3 years, out of which he has already served the jail sentence of 2 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.

Considering the entire facts and circumstances of the case particularly the fact that the appellant is already on bail, the fine amount has already been deposited, the appellant has already served the jail sentence of 2 months 20 days and the final disposal of this appeal is likely to take considerable time, the application (I.A. No.01) is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended till final disposal of this case 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 28th July, 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 this case for final hearing in the month of September, 2025.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Khatai