Chattisgarh High Court
Shyam Prakash Sahu vs State Of Chhattisgarh on 15 May, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 808 of 2025
SHYAM PRAKASH SAHU versus STATE OF CHHATTISGARH
CRA/783/2025
Order Sheet
15/05/2025
Shri N.K.Shukla, senior counsel with Shri Shailendra
Shukla, Shri Dinesh Bole, Shri Varun Vats Sharma, Shri
Nitikesh Gupta and Ms. Priya Mishra, counsel for the appellant
in Cr.A.No.783/2025 and Shri Maneesh Sharma, counsel for
the appellant in Cr.A.No.808/2025.
Ms. Sunita Manikpuri, Dy.G.A. for the State.
Heard on IA No. 01/2025, application under Section 430
of BNSS for suspension of sentence and for grant of bail in
both the cases.
The appellants have been convicted by the learned VIIIth
Additional Sessions Judge, Raipur, District - Raipur (CG) in
Sessions Case No.244/2018 vide impugned judgment of
conviction and order of sentence dated 11/04/2025 for the
offence punishable under Section 353/34 of IPC and sentenced
to undergo R.I. for 1 year and fine of Rs.1,000/- (in default of
payment of fine, 1 months imprisonment) and under Section
333/34 of IPC and sentenced to undergo R.I. for 5 years and
fine of Rs.5,000/- (in default of payment of fine, 5 months
imprisonment). The appellants have challenged the same in this
appeal.
Learned senior counsel for the appellants submits that
the appellants have been falsely implicated in this case. They
submit that the appellants were on bail during trial and
remained in jail for 36 days. Learned counsel for the appellants
would also submit that the prosecution has failed to produce
any reliable piece of evidence against the appellants and
conviction of the appellants is based upon unbelievable and
illogical evidence. Therefore, it is prayed that the substantive
jail sentence may be suspended and bail may be granted to the
appellants.
On the other hand, learned State counsel opposes the bail
application.
Taking into consideration the submission of learned
counsel for the appellants, that the appellants were on bail
during trial and remained in jail for 36 days, further taking into
consideration the other grounds and circumstances of the case,
I am inclined to suspend the jail sentence and grant bail to the
appellants.
Accordingly, I.A.No.1/2025 in both the cases are
allowed. The substantive jail sentence awarded to the
appellants is suspended and they are directed to be released on
bail on each of them furnishing a personal bond in the sum of
Rs.25,000/- along with one surety for the like amount to the
satisfaction of the concerned trial Court for their appearance
before the Registry of this Court on 11 th of July, 2025. They
shall thereafter appear before the trial Court on the dates given
by the Registry of this Court and shall continue to appear there
on all such other subsequent dates as and when given to them
by the trial Court till disposal of these appeals.
Applications for urgent hearing and applications for
listing the case during summer vacation in both the cases are
accordingly disposed of.
List the matters for final hearing.
Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
JUDGE
Deepti
DEEPTI
HARIKUMAR Date:
2025.05.16
10:52:19
+0530
