Dharamraj Sawarkar vs State Of Chhattisgarh
2025 Latest Caselaw 2538 Chatt

Chattisgarh High Court

Dharamraj Sawarkar vs State Of Chhattisgarh on 20 March, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                                CRA No. 440 of 2025


1 - Dharamraj Sawarkar S/o Narayan Sawarkar Aged About 45 Years R/o Village Godri,
Atariya Bazaar, Khairagarh, Presently R/o Contractor Colony, Behind Sudhir X-Ray,
P.S. Supela, District Durg, Chhattisgarh
                                                                 ... Appellant(s)
                                           versus


1 - State Of Chhattisgarh Through, S.H.O. Police Station Supela, District Durg,
Chhattisgarh
                                                                   ... Respondent(s)

Order Sheet

20/03/2025 Mr. Shikhar Bhaktiyar, Counsel for the appellant.

Mr. Karan Bahrani, Panel Lawyer for the State. Heard on I.A. No. 01/2025, an application for suspension of sentence and grant of bail.

By the impugned judgment and conviction dated 06.01.2025 passed by Second Additional Sessions Judge, Durg, District- Durg (C.G.) passed in Sessions Trial No. 144/2024, the appellant stands convicted as

under:

           Conviction                          Sentence
U/s 304 part II of IPC          RI for 7 years and fine of Rs.
                                3000/-,   in     default   of   fine
                                additional RI for 3 months.
U/s 308 of IPC                  RI for 3 years and fine of Rs.
                                2000/-,   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 has already undergone 2 months and 10 days of incarceration till date and was on bail during trial. The disposal of this Criminal Revision 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, looking to the involvement of the appellant and evidence adduced by

the prosecution and the period of detention without further commenting on merits, 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 11.04.2025. Thereafter, he 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. List this case for final hearing in due course.

SD/-

(Arvind Kumar Verma) Judge

Madhurima