Citation : 2025 Latest Caselaw 4419 Chatt
Judgement Date : 12 September, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1680 of 2025
1 - Dhruvanto Sikdar S/o Dhananjay Sikdar Aged About 52 Years R/o Village
Siud, P.S. Nawagarh, District : Janjgir-Champa, Chhattisgarh
... Appellant
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Nawagarh, District : Janjgir-Champa, Chhattisgarh
... Respondent
Order Sheet
12/09/2025 Mr. Nitansh Kumar Jaiswal, Advocate for the Appellant.
Ms. Laxmeen Kashyap, P.L. for the Respondent/State.
Heard on admission.
Appeal is admitted for hearing.
Call for records of criminal case.
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 sentence dated 24.07.2025 (Annexure A/1) passed by the learned Fourth Upper Sessions Judge, Janjgir, District - Janjgir-Champa (C.G.) in Sessions Trial No. 122/2024, has convicted and sentenced the Appellant as under:-
Conviction Sentence
Learned counsel for the appellant submits that the appellant was practicing as a doctor and as per allegation, after administration of the injection, the condition of the patient/deceased became severe and she died. Offence under Section 304 Part II for which, the appellant is convicted will not be made out. Learned Trial Court has not appreciated the evidence of the prosecution appropriately. He also contended that the appeal is likely to take sometime for its hearing, appellant has already underwent jail sentence from 08.09.2024 of about more than 01 year. Hence, the substantive jail sentence awarded to the appellant may be suspended.
On the other hand, learned State Counsel opposes the submission made by the counsel for the appellant.
I have heard learned counsel for the respective parties.
Taking into consideration the facts of the case, submission of counsel for respective parties, period of detention, I am of the opinion that, present is a fit case to suspend the substantive jail sentence imposed upon the appellant.
Accordingly, the substantive jail sentence imposed upon the Appellant by the learned Trial Court is hereby suspended. The Appellant 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 04.11.2025 (Tuesday). 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.
List this case after 08 weeks.
Sd/- Sd/-
(Parth Prateem Sahu)
Judge
Digitally
SHUBHAM signed by
DEY SHUBHAM
DEY
Dey
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