Citation : 2025 Latest Caselaw 2716 Chatt
Judgement Date : 28 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
AVINASH
AVINASH SHARMA
SHARMA Date:
2025.03.29
13:50:19
+0530
CRA No. 654 of 2025
• Ajay Verma S/o Shri Purusingh Verma Aged About 44 Years R/o
Village Hatkera Thana Sargaon District - Mungeli (C.G.) (On Bail)
...Appellant.
versus
• State Of Chhattisgarh Through The District Magistrate Mungeli
District - Mungeli (C.G.).
... Respondent(s).
Order Sheet
28/03/2025 Shri Sumit Shrivastava, counsel for the appellant.
Ms. Laxmeen Kashyap, PL for State/respondent. Heard.
Admit.
Call for the record from the concerned trial Court. Heard on I.A. No. 01/2025, an application under Section 430 of BNSS, 2023 for suspension of sentence and grant of bail.
By virtue of the impugned judgment of conviction and order of sentence dated 20.03.2025 in Session Trial No.
11/2022 passed by the learned Session Judge, Mungeli District Mungeli Chhattisgarh, whereby appellant has been convicted and sentenced as under:
Conviction Sentence
Under Section 324 of R.I. for 01 years and fine Indian Penal Code of Rs. 5,000/- in default of payment of fine additional RI for 02 months.
Learned Counsel appearing for the appellant contended that the appellant has a prima facie good case in his favor and he is hopeful to succeed in it. Learned counsel further submits that the complainant, injured and other witnesses have not supported the case of the prosecution and there are contradictions and omissions in the evidence of the witnesses and they turned hostile. The prosecution has also failed to prove the motive of the appellant in causing injury to the injured. The disposal of this Criminal appeal is likely to take some more time and the appellant is ready to abide by all the terms and conditions which may be imposed by this Hon'ble Court while suspending the jail sentence of the appellant.
Learned State Counsel would oppose the prayer for grant of bail.
Having regard to the submission of learned counsel for the parties, considering the facts and circumstances of the case, and the fact that the short sentence has been awarded by the trial court to the appellant, I am of the opinion that present is a fit case to suspend the jail sentence
imposed upon the appellant.
Accordingly, I.A. No.1/2025 is allowed. 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 29.04.2025. 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 the final disposal of this appeal.
Sd/-
(Arvind Kumar Verma) Judge
Avinash
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