Hem Sagar Shrivas vs State Of Chhattisgarh
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Chattisgarh High Court

Hem Sagar Shrivas vs State Of Chhattisgarh on 1 September, 2025

SYED ROSHAN ZAMIR ALI Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR signed by SYED CRA No.1642 of 2025 ROSHAN ZAMIR ALI Hem Sagar Shrivas versus State of CG

Order on Board

01/09/2025 Mr. Hari Agrawal, Advocate for the appellant.

Ms. Pragya Shrivastava, Dy. Govt. Advocate for the State.

Pursuant to notice issued by this Court, complainant/victim is present before this Court through virtual mode from help desk of DLSA, Raigarh. He submits that he is having objection in grant of bail to appellant.

Also heard on I.A. No.1/2025, application for suspension of sentence and grant of bail to appellant.

Learned counsel for appellant submits that by the impugned judgment dated 25.6.2025, appellant stands convicted under Sections 294, 506 Part-II of IPC and Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo RI for 06 months for each offence with fine of Rs.1,000/-, plus default stipulations. Fine amount has already been deposited vide receipt Annexure A-2. Appellant was on bail during trial and even after conviction, application filed under Section 430 (3) of BNSS seeking bail to file an appeal was allowed and pursuant thereto appellant is presently on bail. He submits that appellant is having prima

facie good case in his favour and is likely to succeed. There is no likelihood of coming up of this appeal for final hearing in near future, hence, the jail sentences imposed upon appellant be suspended and he be released on bail.

On the other hand, counsel for the State as also learned counsel for Objector oppose the bail application.

Considering the facts and circumstances of case, in particular short sentence imposed upon appellant of 06 months RI and that disposal of this appeal may take some time, I am inclined to suspend substantive sentences imposed upon appellant and release him on bail.

Accordingly, it is directed that execution of substantive jail sentences imposed upon appellant shall remain suspended during pendency of this appeal and he is directed to be enlarged on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) and a surety bond in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 10.11.2025. He shall thereafter appear before the trial Court concerned on a date to be given by the Registry of this Court and continue to appear there on all such dates as are given to him by the said Court till final disposal of this appeal.

List the matter for final hearing in its due course. Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) Judge roshan/-