Narayan Nishad vs State Of Chhattisgarh
2025 Latest Caselaw 2688 Chatt

Chattisgarh High Court

Narayan Nishad vs State Of Chhattisgarh on 26 March, 2025

                                       1




             HIGH COURT OF CHHATTISGARH, BILASPUR

                                  Order Sheet


                             CRR No. 387 of 2025

Narayan Nishad S/o Ramdev Nishad Aged About 28 Years R/o Ward No. 07, Biladi
P.S. Tilda Nevra District - Raipur (C.G.).
                                                             ... Applicant

                                     versus

State Of Chhattisgarh Through Station House Officer Police Station Tilda Nevra
District - Raipur (C.G.).
                                                                ---- Respondent

26.03.2025 Mr. Rekhraj Baghel, counsel for the applicant.

Ms. Laxmeen Kashyap, PL for the State/Respondent.

Heard on admission as well as I.A. No. 01/2025 application for

suspension of sentence and grant of bail.

Admit.

By the impugned judgment dated 18.03.2025 (Annexure A-1)

passed in Criminal Appeal No.438/2024 by the the Court of 10 th

Additional Sessions Judge, Raipur, District Raipur (C.G.), the applicant

stands convicted and sentenced as mentioned below :

             Conviction                             Sentence

 Under Section 279 of IPC             RI for 01 month and fine amount
                                      of Rs.200/-

Under Section 337 (two times) of RI for 02-02 months and fine IPC amount of Rs.200-200/-

Under Section 304-A of IPC RI for 06 months and fine amount of Rs.500/-

Under Section 146/196 of the Fine amount of Rs.2,000/- Motor Vehicels Act

Under Section 66/192 of the Fine amount of Rs.2,000/- Motor Vehicels Act

All sentences are to be run concurrently

Learned counsel appearing for the applicant contended that the

appellicant has been wrongly convicted by the trial Court and affirmed

by the revisional Court in the judgment without there being any

sufficient evidence available on record. He further contended that the

maximum sentence which has been awarded to the applicant is of only

six months, during trial, the applicant was on bail and is in jail at present

and he has deposited the fine amount and it is likely to take some more

time to be finalized. Hence, it is prayed that I.A. No.01/2025 may be

allowed.

On the other hand, learned counsel for the State opposes the

application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and order passed by

the learned Courts below and other material available on record with

utmost circumspeciton.

Considering the totality of the facts, particular the short sentence

awarded to the applicant and the instant case is likely to take more time

to be finalized, without further commenting on other merits of the case,

I am of this opinion that it will be proper to release the appicant on bail

during the pendency of this case.

Substantive jail sentences imposed upon the applicant shall

remain suspended during the pendency of this case and he shall be

released on bail on executing a personal bond for a sum of Rs.10,000/-

with one surety for the like sum to the satisfaction of the concerned trial

Court for his appearance before the Registry of this Court on

05.05.2025. 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 him by the said Court, till

the disposal of this case.

List this case for final hearing in its due course.

Sd/-

(Arvind Kumar Verma) Judge

Vasant