Pankaj Gupta vs State Of C.G
2025 Latest Caselaw 4589 Chatt

Chattisgarh High Court

Pankaj Gupta vs State Of C.G on 22 September, 2025

          Digitally signed
          by ALOK
       SHARMA
ALOK   Date:
SHARMA 2025.09.22
          19:51:48
          +0530                                       1




                             HIGH COURT OF CHHATTISGARH AT BILASPUR

                                           CRA No. 1768 of 2025


          1 - Pankaj Gupta S/o - Shri Ramchandra Gupta, Aged About 38 Years R/o- Ward
          No. 02, Mouharpara, Police Station - Manendragarh, District - Koriya (C.G.)
          (Now District - Manendragarh-Chirmiri-Bharatpur (C.G.))
                                                                                ... Appellant(s)

                                                   versus

          1 - State Of C.G. Through Police Station - Ajk, Baikunthpur, District - Koriya
          (C.G.)
                                                                          ... Respondent(s)

Order Sheet

22/09/2025 Mr. Pawan Shrivastava, learned counsel for the appellant. Mr. Laxmeen Kashyap, learned Panel Lawyer, appearing for the Respondent/State.

Pursuant to the order dated 02.09.2025, the complainant appeared through virtual mode from DLSA, Manendragarh and raised objection in granting bail to the appellant, his objection is taken on record.

Also heard on I.A. No. 01/2025, which is an application under Section 430(1) of BNSS for suspension of sentence and

grant of bail.

This appeal has been filed being aggrieved by judgment of

conviction and sentence dated 08.07.2025 passed by Special

Judge, Under SC/ST (Prevention of Atrocities) Act, Baikunthpur,

District Koriya (C.G.) in Special Criminal (under SC/ST Act) Case

No. 44/2020, whereby the appellant has been convicted and

sentenced in the following manner :-

           Conviction                       Sentence
U/s 452 r/w -34 of IPC           Till then rising of the court and

                                 fine of Rs. 500/-, in default of

                                 payment of fine imprisonment

                                 for 20 days.
U/s-294 of IPC                   Till then rising of the court and

                                 fine of Rs. 200/-, in default of

                                 payment of fine imprisonment

                                 for 15 days.
U/s 506 Part-2 of IPC (twice)    Till then rising of the court and

                                 fine of Rs. 400/- (to each Rs.

                                 200/-), in default of payment of

                                 fine imprisonment for 15 days.
U/s-323 r/w-34 of IPC (twice)    Till then rising of the court and

                                 fine of Rs. 2,000/- ( to each of

                                 Rs.   1,000/-),   in   default   of

                                 payment of fine imprisonment

                                 for 30 days.


U/s-(3)(1)(r)      of      SC/ST Imprisonment for 06 months

(Prevention of Atrocities) Act,    and fine of Rs. 200/-, in default

                                   of     payment       of      fine

                                   imprisonment for 15 days.
U/s-3(1)(s)       of       SC/ST Imprisonment for 06 months

(Prevention of Atrocities) Act,    and fine of Rs. 200/- in default

                                   of     payment       of      fine

                                   Imprisonment for 15 days.

Learned counsel for the appellant would submit that the

total period of sentence awarded to the appellant is of 06 months.

During trial he was on bail and even after his conviction and

sentence the learned trial Court has suspended the sentence and

granted bail for a limited period. The appeal is of the year 2025

and final adjudication of the appeal will take its own time,

therefore, he may be released on bail.

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 he was on bail during trial. The appeal is of the

year 2025 and final adjudication of the appeal will take its own

time, 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 04.11.2025 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