Citation : 2025 Latest Caselaw 4130 Chatt
Judgement Date : 1 September, 2025
1/3
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 1078 of 2025
• Biranchi Bagh Son of Satya Bagh Aged About 39 Years Resident of
Village- Medanipur, P.S. Basna, District- Mahasamund Chhattisgarh
... Applicant
versus
• State Of Chhattisgarh Through Station House Officer P.S. Basna, District-
Mahasamund (C.G.)
... Respondent(s)
Order on Board
01/09/2025 Mr. Sudhir Sahu, Advocate for applicants.
Mr. Pranjal Shukla, Panel Lawyer for the State.
Heard.
Call for the record of criminal case as also appeal case.
Also heard on I.A. No.01/2025, which is an application for
suspension of sentence and grant of bail.
This Criminal Revision is filed against the judgment of
conviction and sentence dated 21.08.2025, passed in Criminal
Appeal No. 03/2023, by Learned First Sessions Judge, Saraipali,
PAWAN KUMAR District Mahasamund, C.G. arising out of judgment of conviction JHA Digitally signed by and sentence dated 10.02.2023 passed in Criminal Case No. PAWAN KUMAR JHA
408/2018 passed by learned Judicial Magistrate First Class, Basna,
District Mahasamund, whereby applicant has been convicted and
sentenced in the following manner:-
Conviction Sentence U/s 354 of IPC S.I. for 1 year and fine of Rs.
1000/-; in default of payment of fine, additional S.I. for 1 month.
Learned counsel for applicant submits that absolutely false
allegations have been levelled against applicant and witness Jay
Kumar has not supported case of prosecution. It is contended that
applicant was on bail during trial and as of now he has served jail
sentence of more than three months. There is likelihood of revision
being not heard finally in near future. Applicant is having prima
facie good case in his favour and therefore application be allowed
and substantive jail sentence may be suspended during pendency
of this revision.
Learned State counsel opposes the submission of learned
counsel for applicants and submits that in view of the nature of
offence, and findings recorded by trial court and affirmed by the
appellate court, applicant is not entitle for the relief as prayed for.
Considering the submissions made by learned counsel for
parties as also period of sentence and further that the applicant
was on bail during trial and has served more than three months of
substantive jail sentence, I am inclined to allow I.A. 01/2025.
Accordingly, I.A. No. 01/2025 is allowed and It is directed
that substantive jail sentence of applicant shall remain suspended
during pendency of this revision and he be released on bail upon
furnishing a bail bond in the sum of ₹ 25,000/- with one surety in
the like sum to the satisfaction of concerned Court below, for his
appearance before the Registry of this Court on 03.11.2025.
Thereafter, he shall appear before the trial Court on the date to be
given by the Registry of this Court and will continue to appear there
on all such dates before trial Court till disposal of this appeal.
List this case after 08 weeks.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE
pwn
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