Sumrit Lal Nagesiya vs The State Of Chhattisgarh
2025 Latest Caselaw 4445 Chatt

Chattisgarh High Court

Sumrit Lal Nagesiya vs The State Of Chhattisgarh on 15 September, 2025

          Digitally signed
          by ALOK
       SHARMA
ALOK   Date:
SHARMA 2025.09.16
          10:37:28
          +0530                                               1




                                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                  CRA No. 1882 of 2025


               1 - Sumrit Lal Nagesiya S/o Late Bansilal Nagesiya Aged About 33 Years R/o
               Chitapali, Police Station- Urga, District- Korba (C.G.)
                                                                          ... Petitioner(s)

                                                          versus

               1 - The State Of Chhattisgarh Through - The Police Station- Urga, District- Korba
               (C.G.)
                                                                            ... Respondent(s)

Order Sheet

15/09/2025 Mr. Punit Reparal, learned counsel for the applicant.

Ms. Laxmeen Kashyap, learned Panel Lawyer, appearing

for the Respondent/State.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the trial Court.

Heard on I.A. No. 01/2025, which is an application under

Section 430(2) of BNSS for suspension of sentence and grant of

bail.

This appeal has been filed being aggrieved by judgment of

conviction and sentence awarded by the Court of Additional

Sessions Judge (FTC), Korba, District Korba (C.G.) in Sessions

Case No. 26/2025 on 29.08.2025, whereby the applicant has

been convicted and sentenced in the following manner :-

          Conviction                       Sentence
Under Section 331 (4) of BNS     S.I. for 01 year and fine of rS.

                                 500/- in default of payment of

                                 fine amount further S.I. for 01

                                 month.
Under Section 74 of BNS          SI for 01 year and fine of rs.

                                 500/- in default of payment of

                                 fine amount further S.I. for 01

                                 month.

Learned counsel for the appellant would submit that the

total period of sentence awarded is of one year. The appellant

was on bail during the trial and has not misused the liberty

granted to him. After the conviction and sentence passed by

learned trial Court, the sentence awarded to the appellant is

suspended and he has been released on bail for a limited period.

The appeal is of the year 2025 and final adjudication of the

appeal will take its own time, therefore, there are material

omissions and contradictions in the evidence of prosecution

witnesses, therefore, the appellant may be released on bail after

suspending the sentence awarded to him.

On the other hand, learned counsel appearing for the

Respondent/State opposes.

Considering the submissions made by learned counsel for

the parties, considering the period of sentence awarded to the

appellant and the nature of evidence available in the record,

further that the appeal is of the year 2025 will take its own time,

during trial the appellant was on bail, I am inclined to release the

appellant on bail.

Accordingly, I.A. No. 01/2025, is allowed.

It is directed that the jail sentence imposed upon the

appellant shall remain suspended during the pendency of this

appeal and he shall be released on bail on his furnishing a

personal bond in the sum of Rs. 25,000/- with one surety in the

like sum to the satisfaction of the concerned trial Court for his

appearance before the Registry of this Court on 27.10.2025 and

thereafter appear before the concerned trial Court on a date to be

fixed 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, till disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Ravindra Kumar Agrawal) Judge Alok