Mahendra Kumar Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 2416 Chatt

Chattisgarh High Court

Mahendra Kumar Sahu vs State Of Chhattisgarh on 11 March, 2025

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                                                                                       NAFR

                                HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                  CRA No. 373 of 2025
                        1 - Mahendra Kumar Sahu S/o Chhabiram Sahu Aged About 26 Years R/o
                        Nahar Para Tendua Police Station Amanaka Raipur District - Raipur (C.G.)
                        (On Bail)
                                                                                       ... Appellant
                                                          versus
                        1 - State of Chhattisgarh Through The District Magistrate Raipur District -
                        Raipur (C.G.)
                                                                                   ... Respondent

Order Sheet

11/03/2025 Ms. Rekha Shrivastava, Advocate for the Appellant.

Mr. Pranjal Shukla, PL for the State.

Heard.

Admit.

Call for the record.

Also Heard on I.A.No.1, application under Section

430 of BNSS for suspension of sentence and grant of bail.

The appellant stands convicted under Sections 354 &

454 of the IPC and Section 3 (1) (c) (i) of the Scheduled Digitally signed by ASHUTOSH ASHUTOSH MISHRA

Castes and Scheduled Tribes (Prevention of Atrocities) Act, MISHRA Date:

2025.03.12 18:35:59 +0530

1989 and sentenced to undergo R.I. for 01 year and to pay

fine of Rs.2000/-, for all offences, with usual default

stipulation vide judgment dated 01/02/2025 passed by the

Special Judge (under the Scheduled Castes and Scheduled

Tribes) (Prevention of Atrocities) Act, 1989, Raipur in

Special Criminal Case No.27/2024.

Learned counsel for the appellant would submit that

the appellant was on bail during trial except the period of

64 days i.e. from 17/04/2024 to 20/06/2024 and he is still

on bail and the sentence awarded is only for one year and

the appeal will take some time for hearing on merits,

therefore, the substantive jail sentence imposed upon the

appellant may be suspended and they may be released on

bail.

Per contra, learned State counsel opposes the prayer

for suspension of sentence and grant of bail.

The prosecutrix along with her husband appeared

through vide conferencing from DLSA, Raipur and she

objected to grant of bail to the appellant.

Considering the short sentence and the fact that the

appellant was on bail during the trial and the appeal will

take some time for hearing, I am inclined to suspend the

sentence and release the appellant on bail.

Accordingly, I.A.No.1, application under Section 430

of BNSS for suspension of sentence and grant of bail is

allowed.

Execution of further substantive jail sentence imposed

on appellant shall remain suspended and he is directed to be

released on bail on his executing a personal bond for a sum

Rs.10,000/- with one surety for the like sum to the

satisfaction of the Trial Court for his appearance before the

Registry of this Court on 28/04/2025. He shall thereafter

appear before the 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 them by the said

Court, till the disposal of this appeal.

                                                        SD/-      SD/-
                                                  (Arvind Kumar Verma)
                                                           Judge


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