Hemdhar Kashyap vs State Of Chhattisgarh
2025 Latest Caselaw 2368 Chatt

Chattisgarh High Court

Hemdhar Kashyap vs State Of Chhattisgarh on 10 March, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                CRA No. 294 of 2025


1 - Hemdhar Kashyap S/o Ramsingh Kashyap Aged About 32 Years R/o Village
Naganar Taraiguda Para Police Station Darbha District - Bastar (C.G.)
                                                                   ... Appellant(s)


                                         versus


1 - State Of Chhattisgarh Through Station House Officer Police Of Police Station
Darbha Bastar District - Bastar (C.G.)
                                                                        ... Respondent(s)

Order Sheet

10/03/2025 Ms. Sameeksha Gupta, Counsel for the appellant.

Mrs. Binu Sharma, Panel Lawyer for the State. Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail under Section 430 of BNSS, 2023.

By the impugned judgment of conviction and sentence dated 06.01.2025 passed in Sessions Trial

No. 22/2022 by the learned Additional Sessions Judge, FTC, Bastar Place Jagdalpur (C.G.) whereby convicted the appellant as under:

          Conviction                         Sentence
U/s 376 of IPC                RI for 10 years and fine of Rs.
                              1000/-,   in     default   of   fine
                              additional RI for 3 months.

Learned Counsel for the Appellant contended that the appellant has prima facie good case in his favor and he is hopeful to succeed on it. The appellant was on bail during trial. The disposal of this Criminal Appeal is likely to take long time. The appellant is ready to abide all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the applicant.

Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other.

I have heard learned Counsel for the parties and perused the record with utmost circumspection.

Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case, I am of the opinion that present is not a fit case to suspend the jail sentence imposed upon the

appellant.

Accordingly, I.A. No. 01/2025 stands rejected. List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima