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Chattisgarh High Court
Surendra Das Mahant vs State Of Chhattisgarh on 9 March, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 494 of 2026
1 - Surendra Das Mahant S/o Late Mohan Das Aged About 37
Years R/o Village- Gatwa, Outpost- Pantora, Ps- Balouda, District-
Janjgir-Champa (C.G.)
... Appellant
versus
1 - State Of Chhattisgarh Through- S.H.O Police Station
Kusmunda, District- Korba, C.G.
... Respondent
09/03/2026 Mr. Pushkar Sinha, counsel for the appellant.
Mr. Afroz Khan, P.L. for the State/respondent.
Heard on admission.
Admit.
Also heard on I.A. No.01/2026, application U/s
430(1) of BNSS for suspension of sentence and grant of
bail.
By the impugned judgment dated 16.01.2026 passed
by learned Special Judge, SC/ST (Prevention of Atrocities
Act), Korba, District - Korba (C.G.) in Special Criminal Case
No. 01/2022, whereby the appellant has been convicted
and sentenced as under:-
Digitally
signed by
HEERA HEERA
LAL SAHU
LAL Date:
SAHU 2026.03.09
18:09:18
+0530
Conviction Sentence
U/s 452 of IPC R.I. for 2 years and fine of Rs.
2,000/-, in default of payment of fine
amount additional R.I. for 1 month.
U/s 354 of IPC R.I. for 2 years and fine of Rs.
2,000/-, in default of payment of fine
amount additional R.I. for 1 month.
U/s 392 of IPC R.I. for 2 years and fine of Rs.
2,000/-, in default of payment of fine
amount additional R.I. for 1 month.
U/s 3(1)(w) of R.I. for 2 years and fine of Rs.
SC/ST 2,000/-, in default of payment of fine
(Prevention of amount additional R.I. for 1 month.
Atrocities) Act
U/s 3(2)(v-a) of R.I. for 2 years and fine of Rs.
SC/ST 2,000/-, in default of payment of fine
(Prevention of amount additional R.I. for 1 month.
Atrocities) Act
(All the sentences were directed to run concurrently).
Learned counsel for the appellant submits that the
appellant is innocent and has falsely implicated in the case,
and there is no material evidence against the appellant. He
also submits that the appellant is already on bail, and he
has already deposited the fine amount imposed upon him,
and maximum sentence of 2 years has been awarded to the
appellant out of which the appellant has already served the
jail sentence of 22 days during trial, and the conclusion of
this appeal is likely to take considerable time. Therefore,
the jail sentence of the appellant may be suspended till the
final disposal of the case.
On the other hand, learned State counsel opposes the
bail application.
The complainant is present in person before this
Court today and raised her objection to grant of bail to the
appellant.
Considering the facts and circumstances of the case
and also considering the fact that the appellant is already
on bail, the fine amount has already been deposited by
him, and the final disposal of this appeal is likely to take
considerable time, therefore, I am inclined to suspend the
jail sentence of the appellant and to grant bail to him.
Accordingly, the application (I.A. No. 01/2026) is
allowed. It is directed that the substantive jail sentence
imposed upon the appellant shall remain suspended till
final disposal of this case on his executing a personal bond
for a sum of Rs. 25,000/- with one surety for the like sum
to the satisfaction of the trial Court for his appearance
before the Registry of this Court on 15th June, 2026. He
shall thereafter appear before the concerned trial Court on
a date to be given by the Registry of this Court and
thereafter, continue to appear before the trial Court on all
such subsequent dates as are given to him by the said
Court till disposal of this appeal.
Call for the records of the trial Court.
List this case for final hearing.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
