T Bhaskar Rao vs State Of Chhattisgarh
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Chattisgarh High Court

T Bhaskar Rao vs State Of Chhattisgarh on 11 March, 2025

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                           HIGH COURT OF CHHATTISGARH AT BILASPUR
                                             CRA No. 2004 of 2023
                   T Bhaskar Rao S/o Lt. T.N. Rao Aged About 48 Years R/o Charoda,
                   Police Station Purani Bhilai District Durg (Chhattisgarh)
                                                                                 ... Applicant
                                                      versus
                   State of Chhattisgarh Through P.S. Purani Bhilai, District Durg
                   (Chhattisgarh)
                                                                               ... Respondent

Order Sheet RAJSHEKHAR SONI

11/03/2025 Heard Ms. Monika Singh, learned counsel for the

SONI appellant. Also heard Ms. Ankita Shukla, learned Panel

Lawyer, appearing for the respondent/State on the

instant application for suspension of sentence and

grant of bail (I.A. No. 1 of 2023).

By the impugned judgment of conviction and

order of sentence dated 01.09.2023, passed by the

learned Sessions Judge, District Durg (C.G.) in

Sessions Case No. 199/2021, has convicted and

sentenced the appellant in the following manner:

Conviction Sentence Under Section 394 read Rigorous imprisonment (for with Section 398 of the short, 'R.I.') for 10 years Indian Penal Code (for with fine of Rs. 1,000/-, in short, 'IPC') default of payment of fine further RI for 01 month.

Learned counsel for the convict/appellant argued

that the appellant has been falsely implicated in the

present case and that there is no evidence on record to

connect the appellant with the commission of the

offence. Furthermore, learned counsel for the appellant

argued that no such seizure has been made from the

possession of the appellant, and as per the medical

report no such grievous injury has been sustained to

the injured. He also submits that the appellant is

languishing in jail since 01.09.2023, further, the appeal

is likely to take a couple of years or even more in its

final disposal, hence he prays that the appellant be

enlarged on bail.

Learned counsel for the appellant relied upon the

judgment passed by the Hon'ble Apex Court in the

matters of Atul Alias Ashutosh vs. State of Madhya

Pradesh (2024) 3 SCC 663 and Nanhe Lal Verma

vs. State of Madhya Pradesh (Arising out of SLP

(Criminal) No. 14769 of 2024) decided on

25.11.2024 wherein, the Hon'ble Apex Court has held

that when there is a fixed term sentence and especially

when the appeal is not likely to be heard before

completing entire period of sentence, normally

suspension of sentence and bail should be granted.

On the other hand, learned State counsel

opposes the prayer for grant of bail to the appellant

and submits that on 20.07.2021 the appellant has

attempted to commit the loot with the complainant, and

he has also assaulted the victim, therefore, the findings

arrived at by the learned trial Court is just and proper.

I have heard learned counsel for the parties and

perused the documents appended with the bail

application.

Considering the submissions advanced by the

learned counsel for the parties, further considering the

law laid down by the Hon'ble Apex Court in Atul Alia

Ashutosh (Supra) and Nanhe Lal Verma (Supra),

also considering the evidence available on record and

it is observed that no such seizure has been made

from the possession of the appellant, and as per the

medical report no such grievous injury has been

sustained to the injured, further, considering the fact

that the appellant is in jail since 01.09.2023 and further

hearing of this appeal would take prolonged period of

time, I deem it appropriate to allow the application for

suspension of sentence and grant of bail moved on

behalf of the appellant.

Accordingly, the substantive jail sentence

awarded to appellant- T Bhaskar Rao, by the learned

trial Court is hereby suspended. He shall be released

on bail on his executing bail bond to the satisfaction of

the concerned trial Court for his appearance before the

Registry of this Court on 17.04.2025. He shall

thereafter, 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.

Consequently, I.A. No. 1 of 2023 is allowed.

It is made clear that the observations made

hereinabove are only confined for disposal of aforesaid

I.A. filed in this appeal and it shall not be construed as

an expression of opinion of this Court on the merits of

the matter.

List this matter for final hearing.

C.C. as per rules.

Sd/-

(Ramesh Sinha) Chief Justice

Rajshekhar