Citation : 2025 Latest Caselaw 4216 Chatt
Judgement Date : 3 September, 2025
SYED ROSHAN ZAMIR ALI HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by SYED ROSHAN CRA No. 1567 of 2025 ZAMIR ALI Somu versus STATE OF CHHATTISGARH
Order on Board
3/9/2025 Mr. Anil Gulati, Advocate for the appellant.
Ms. Priya Sharma, Panel Lawyer for the State. 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 28.2.2025, appellant stands convicted under Sections 74, 75 (1) (i) / 75(2) and 115 (2) of the Bharatiya Nyaya Sanhita, 2023 and sentenced to undergo RI for 3 years and fine of Rs.1,000/-; RI for 2 years & fine of Rs.1,000/- and RI for 1 month and fine of Rs.200/-, with usual default stipulations, respectively. Appellant was in jail for 09 days during trial and thereafter he was released on bail. Now, since the date of impugned judgment i.e. 28.2.2025, he is in jail and thereby he has already served jail sentence of 6 months 9 days. 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.
Per contra, counsel for State opposes bail application.
Considering the facts and circumstances of case, in particular the sentences imposed upon appellant and that disposal of this appeal may take 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 18.11.2025. 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 after 12 weeks. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge
roshan/-
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