Citation : 2025 Latest Caselaw 4608 Chatt
Judgement Date : 23 September, 2025
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1760 of 2025
1 - Ashok Maratha S/o Gurudayal Maratha Aged About 35 Years R/o Village-
Amurra, P.S. Sariya, Distt.- Sarangarh-Bilaigarh (C.G.)
... Appellant(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Station
Rakhi, Raipur, Distt.- Raipur (C.G.)
... Respondent(s)
(Cause title taken from Case Information System)
Order sheet
23/09/2025 Mr. Shubham Tripathi, Advocate for the appellant.
Ms. Priya Sharma, Panel Lawyer for the State.
Mr. Kunal Das, Advocate for the objector.
Pursuant to the order dated 29.08.2025, the victim along with her maternal brother appeared through virtual VED PRAKASH DEWANGAN mode from DLSA, Raipur and raised objection in granting bail to the appellant. Their objection is taken on record.
Call for the record of trial Court.
Heard on I.A. No. 2 of 2025, which is an application for suspension of sentence and grant of bail.
The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 04.08.2025, passed in Special Criminal Case No. 08 of 2025, by learned Special Judge under SC/ST (P.A.) Act, Raipur, District Raipur (C.G.), in the following manner:-
Conviction Sentence
U/s. 74 Bharatiya Rigorous Imprisonment for 02 years
of
Nyaya Sanhita, 2023 and fine of Rs. 2000/-, in default of
payment of fine rigorous imprisonment for 02 months.
U/s. 351(2) of Bharatiya Rigorous Imprisonment for 06 months Nyaya Sanhita, 2023 and fine of Rs. 1000/-, in default of payment of fine rigorous imprisonment for one month.
U/s. 3(2)(va) of SC/ST Act Rigorous Imprisonment for 02 years and fine of Rs. 2000/-, in default of payment of fine rigorous imprisonment for 02 months.
All the sentences are directed to run concurrently
Learned counsel for the appellant would submit that the total period of sentence awarded to the appellant is of 02 years and during trial he was on bail and even after his conviction and sentence awarded to the appellant, the learned trial Court has suspended the sentenced and granted bail to the appellant for a limited period. The appeal is of the year 2025 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail.
On the other hand, learned counsel for the State opposes.
I have heard learned counsel for the parties and perused the material available in the case.
Considering the submissions made by learned counsel for the parties, considering the allegation against the appellant, further considering the period of jail sentence awarded to the appellant and the fact that the appellant was on bail during the trial and presently he has been bail by the learned trial Court for a limited period, and the appeal is likely to take its own time for final disposal, I am inclined to release the appellant on bail.
Accordingly, I.A. No. 2 of 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 like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 10th of November, 2025. He shall thereafter appear before the Registry of this Court on all such subsequent dates as are given to him by the Registry, till disposal of this appeal. It is further directed that the appellant shall obey the following conditions:
(i) The appellant shall not indulge in any criminal activities further and shall not give any threatening to the victim/complainant.
(ii) The appellant shall appear before the Registry of this Court/trial Court as directed by
this order on each date fixed in this regard.
Consequently, I.A. No.1 of 2025 (application for suspension of sentence and grant of bail) is dismissed as not pressed.
List this appeal for final hearing in due course.
Sd/-
(Ravindra Kumar Agrawal) Judge
ved
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