Chattisgarh High Court
Anil Goswami vs State Of Chhattisgarh on 1 September, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1668 of 2025
1 - Anil Goswami S/o Lochan Bharti Goswami Aged About 23 Years R/o
Patharra, Police Station Kota, Distt. Bilaspur, Chhattisgarh
2 - Devendra Goswami S/o Lochan Bharti Goswami Aged About 26 Years R/o
Patharra, Police Station Kota, Distt. Bilaspur, Chhattisgarh
... Appellants
Versus
1 - State Of Chhattisgarh Through Station Officer Police Station Kota, Distt.
Bilaspur, Chhattisgarh
... Respondent
Order Sheet
01/09/2025 Mr. Sajal Kumar Gupta, Advocate for the Appellants.
Ms. Priya Sharma, P.L. for the Respondent/State.
Heard on admission.
Case is admitted for hearing.
Also heard on I.A. No. 01/2025 which is an application for
suspension of sentence and grant of bail to the appellant.
By the impugned judgment of conviction and order of
SHUBHAM
DEY
sentence dated 04.08.2025 (Annexure A/1) passed by the
Digitally signed learned 4th Additional Sessions Judge, Bilaspur, District -
by SHUBHAM
DEY
Bilaspur (C.G.) in Sessions Case No. 317/2021, has
convicted and sentenced the Appellant as under:-
Accused Conviction Sentence
U/s. Section 326/34 R.I. for 5 years and
of IPC, 1860. fine of Rs. 2,000/-
in default S.I. for
01 month.
Anil Goswami U/s. 323/34 of IPC, R.I. for 3 months
1860. and fine of Rs.
1,000/- in default
S.I. for 10 days.
U/s. 326/34 of IPC, R.I. for 5 years and
1860. fine of Rs. 2,000/-
in default S.I. for 1
month.
Devendra Goswami
U/s. 323/34 of IPC, R.I. for 3 months
1860. and fine of Rs.
1,000/- in default
S.I. for 10 days.
All sentences will run concurrently.
Learned counsel for the appellant submits that the
allegation of causing grievous injury by means of knife is
against the Appellant No. 2/Devendra Goswami who has
already suffered the substantive jail sentence of about more
than 03 years and 10 days. He further contended that the
Appellant No. 1 Anil Goswami was on bail during trial. He has
not caused any grievous injury to the injured. Appeal may
take sometime, hence, during pendency of this appeal, the
substantive jail sentence imposed upon the appellants may
be suspended.
On the other hand, learned State Counsel opposes the
bail application and would submit that both the accused
persons have caused grievous injury to the injured. The
Appellant No. 1 by means of Iron Bangle (Chooda) and
Appellant No. 2 by means of knife. She also contended that
there was grievous injury on the head of Bhanupratap Maravi
(injured) wherein, one lacerated wound was found in the
Occipital Parietal region and further contusion on Occipital
Parietal region of Shubham Bharti which appears to have
been caused by Iron Bangle (Chooda) by the Appellant No. 1.
I have heard learned counsel for the respective parties.
Taking into consideration the nature of role played by
the appellants and further, the Appellant No. 1 has caused
injury by means of Iron Bangle (Chooda) over the vital part of
the body of the injured Bhanupratap Maravi and Shubham
Goswami I do not find present to be a fit case to allow the
application for suspension of sentence and grant of bail in
favour of Appellant No. 1 Anil Goswami, accordingly
application of Appellant No. 1 is dismissed.
Application of Appellant No. 2 for suspending
substantive jail sentence imposed upon him (Devendra
Goswami) by the learned Trial Court is allowed. It is directed
that Appellant No. 2/Devendra Goswami shall be released
on bail on his executing a bail bond of Rs. 25,000/- with one
surety in the like amount to the satisfaction of the concerned
Trial Court for his appearance before the Registry of this
Court on 03.11.2025 (Monday). Thereafter, he shall appear
before the concerned Trial Court on a date to be given by the
Registry of this Court and shall continue to appear there on
all such subsequent dates as are given to him by the said
Court, interval being not less than 6 months, till final disposal
of this appeal.
Consequently, I.A. No. 01/2025 stands allowed in
favour of Appellant No. 2 and dismissed in favour of
Appellant No. 1.
List this case after twelve weeks.
Sd/- Sd/-
(Parth Prateem Sahu)
Judge
Dey
