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Biranchi Bagh vs State Of Chhattisgarh
2025 Latest Caselaw 4130 Chatt

Citation : 2025 Latest Caselaw 4130 Chatt
Judgement Date : 1 September, 2025

Chattisgarh High Court

Biranchi Bagh vs State Of Chhattisgarh on 1 September, 2025

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               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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