Chattisgarh High Court
Rakesh Suryavanshi vs State Of Chhattisgarh on 27 May, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 629 of 2025
1 - Rakesh Suryavanshi S/o Saheb Lal Aged About 29 Years
R/o Village - Jawalpur, P.S. - Baloda, District Janjgir-Champa
(C.G.)
2 - Vinod Suryavanshi S/o Saheb Lal Aged About 36 Years
R/o Village - Jawalpur, P.S. - Baloda, District Janjgir-Champa
(C.G.)
3 - Saheb Lal S/o Darasram Lal Aged About 53 Years R/o
Village - Jawalpur, P.S. - Baloda, District Janjgir-Champa
(C.G.)
... Applicants
versus
1 - State of Chhattisgarh Through - Station House Officer,
Police Station Janjgir, District Janjgir-Champa (C.G.)
... Respondent
27.05.2025 Mr. Chandra Prakash Lahrey, counsel for the
applicants.
Mr. Ajay Pandey, G.A. for the State/respondent.
Heard on admission.
Admit.
Also heard on I.A. No.01/2025, application for
suspension of sentence and grant of bail.
By judgment dated 10.12.2024 passed by Judicial
Magistrate First Class, Akaltara, District - Janjgir-
Champa (C.G.) in Criminal Case No. 331/2019, the
applicants stand convicted under Sections 323/34 of
IPC (two times) and 325/34 of IPC, and sentenced with
a fine of Rs. 500-500 each for the offence punishable
under Section 323/34 of IPC (two times); to undergo
R.I. for 2-2 years with fine of Rs. 500-500 each for the
offence punishable under Section 325/34 of IPC with
default stipulation. Being aggrieved by the said
judgment, the applicants preferred an appeal, i.e.
Criminal Appeal No. 24/2025, and vide impugned
order dated 02.05.2025, the learned 4 th Additional
Sessions Judge, Janjgir, District - Janjgir-Champa
(C.G.) partly allowed the appeal and affirmed the
conviction and sentence for the offence punishable
under Section 323/24 of IPC (two times). However,
conviction of the applicants under Section 325/34 of
IPC has been affirmed, and sentence of 2-2 years' R.I.
for each of the applicants has been reduced to 6-6
months' R.I. with a fine of Rs.500-500 each and in
default of payment of the fine amount, additional S.I.
for 1 month.
Learned counsel for the applicants submits that
the applicants are innocent and are falsely implicated
in the case, and there is no material evidence against
them. There is a material omission and contradiction
in the evidence of prosecution witnesses. He also
submits that the applicants are in jail for about 25-26
days, the revision will take considerable time,
therefore, the application may be allowed and the
applicants may be enlarged on bail.
On the other hand, learned State counsel opposes
the bail application.
Considering the facts and circumstances of the
case and also considering the fact that injured Suresh
has suffered fracture only on right hand's finger and
only 6-6 months' R.I. has been awarded to the
applicants for the offence punishable under Section
325/34 of IPC out of which the applicants has already
served the jail sentence for about 25-26 days, the
application is allowed and it is directed that the
substantive jail sentence imposed upon the applicants
shall remain suspended till final disposal of this
revision, and they shall be released on bail on their
executing a personal bond for a sum of Rs. 25,000/-
each with one surety for the like sum to the
satisfaction of the trial Court for their appearance
before the Registry of this Court on 27th June, 2025.
They shall thereafter appear before the concerned trial
Court on a date to be given by the Registry of this
Court and thereafter, continue to appear before the
trial Court on all such subsequent dates as are given to
them by the said Court till disposal of this petition.
Call for the records of the trial Court.
List this case for final hearing in its chronological
order.
Accordingly, I.A. No. 02/2025, application for
hearing during summer vacation and I.A. No. 03/2025,
application for urgent hearing stand disposed of.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Vacation Judge
H.L. Sahu
