Parasram Baiga vs State Of Chhattisgarh on 9 April, 2025

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Chattisgarh High Court

Parasram Baiga vs State Of Chhattisgarh on 9 April, 2025

                                      1




         HIGH COURT OF CHHATTISGARH AT BILASPUR

                           CRA No. 2088 of 2024

1 - Parasram Baiga S/o Shri Lamu Baiga Aged About 35 Years R/o Village
Bhedagarh, P.S. Kukdur, District Kabirdham, Chhattisgarh.
                                                               ... appellant


                                  versus
1 - State Of Chhattisgarh Through Police Station Kukdur, District
Kabirdham, Chhattisgarh.
                                                             ... Respondent

Order Sheet

09/04/2025 Mr. Mahesh Kumar Mishra, learned counsel appearing for
the appellant.

Mr. Karan Kumar Baharani, learned Panel Lawyer,
appearing for the State / respondent .

Appeal is admitted for hearing.

Call for the record of the trial Court.

Also heard on the application for suspension of sentence
and grant of bail (IA No. 1).

2

The appellant has been convicted and sentenced by
judgment dated 09.10.2024, passed in special Electricity
Sessions Case No. 869 of 2021 passed by the learned Special
Judge (Electricity Act), District- Kabirdham (C.G.) as under:

         No.     Conviction Under                    Sentence
                     Section

         1.     135(1)(a)     of         the R.I. for 6 months and
                Electricity Act              fine of 300/- in default of
                                             payment of fine amount
                                             further R.I. for 15 days

         2.     304(a) of IPC                R.I. for 6 months and
                                             fine of Rs. 300/- and in
                                             default of Payment of
                                             fine amount further R. I.
                                             for 15 days

All the sentences were ordered to run concurrently.

Learned Counsel for the convict/appellant submits that
the appellant has been falsely implicated in the present case.
He submits that the total period of sentence awarded to the
appellant is up to six months. ,The appellant was on bail during
trial and had never misused the liberty during bail period; after
convicting the appellant, the learned trial Court has suspended
the sentence and released the appellant on bail for limited
period. Presently he is in jail since 09.10.2024. The appeal is of
the year 2024 and final adjudication of the same will take its
own time, hence it is prayed that the appellant be enlarged on
bail.

On the other hand, learned counsel for the
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State/respondent has opposed the bail application.

I have heard learned counsel for the parties and perused
the records of the Court below.

Considering the submission made by learned counsel for
the parties, considering the nature of allegation as well as the
period of sentence awarded to the appellant further considering
that during trial he was on bail and further the appellant is in jail
since 09.10.2024 and final hearing of this appeal would take
some time, I deem it appropriate to allow the application for
suspension of sentence and grant of bail to the appellant.

Accordingly, the substantive jail sentence awarded to
appellant- Parasram Baiga by the learned trial Court is
hereby suspended. He shall be released on bail his executing
bail bond alongwith one surety of Rs. 25,000/- to the
satisfaction of the concerned trial Court for his appearance
before the Registry of this Court on 13.06.2025. He shall
thereafter appear before the concerned trial Court on a date to
be given by the Registry of this Court and shall continue to
Digitally
signed by appear there on all such subsequent dates as are given to
AMITA
DUBEY them by the said Court, interval being not less than 6 months,
Date: till final disposal of this appeal. Consequently, I.A. No. 1
2025.04.09
18:23:07 stands disposed of.

+0530
List this matter for final hearing.

Certified copy, as per rules.

amita                                                         Sd/-
                                                     (Ravindra Kumar Agrawal)
                                                               JUDGE
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