Ghanshyam Bharadwaj vs State Of Chhattisgarh
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Chattisgarh High Court

Ghanshyam Bharadwaj vs State Of Chhattisgarh on 11 March, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                               CRA No. 509 of 2025


1 - Ghanshyam Bharadwaj S/o Tukaram Bharadwaj Aged About 42 Years R/o Saradhu
Navagaon, Charama, Kanker, P.S. Charama, District Uttar Bastar Kanker Chhattisgarh
                                                                ... Petitioner(s)
                                        versus


1 - State Of Chhattisgarh Through The Station House Officer, Police Station Charama,
District - North Bastar Kanker Chhattisgarh
                                                                   ... Respondent(s)

Order Sheet

11/03/2025 Mr. Rakesh Kumar Manikpuri, Counsel for the appellant.

Mrs. Priya Sharma, Panel Lawyer for the State. Heard on admission as well as I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment and conviction dated 27.02.2025 passed by the Special Judge Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, in Special Criminal Case No. 25/2023, the appellant stands convicted as under:

          Conviction                         Sentence
U/s 354 of IPC                RI for 1 year and fine of Rs. 200/-
                              in   default    of   fine,   5   days
                              additional imprisonment.
U/s 354(A) of IPC             RI for 1 year and fine of Rs. 200/-,
                              in   default    of   fine,   5   days
                              additional imprisonment.

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 applicant is 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 totality of the facts, in particular

the short sentence awarded to the appellant, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant.

Accordingly, the substantive jail sentence imposed upon the Appellant by the learned Trial Court is hereby suspended. The appellant shall be released on bail on his executing a bail bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 04.04.2025. Thereafter, she shall 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 Trial Court, till final disposal of this appeal.

Consequently, I.A. No. 01/2025 stands allowed. Admit.

Call for the records from the concerned Trial Court.

List this case for final hearing in due course.

Sd/-

(Arvind Kumar Verma) Judge

Madhurima