HEMANT NISHAD vs STATE OF CHHATTISGARH - 2026 Supreme(Online)(Chh) 17813

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2026 Supreme(Online)(Chh) 17813

HIGH COURT OF CHHATTISGARH AT BILASPUR

NAFR

CRR No. 725 of 2026

Hemant Nishad, S/o Munnalal Nishad, Aged About 37 Years, R/o Village- Fundhar, Police, Station Telibandha, District- Raipur (C.G.).
... Applicant
versus
State of Chhattisgarh Through- Police Station- Telibandha District- Raipur (C.G.)
... Non-applicant

11.06.2026

Ms. Juhi Jaiswal, counsel for the applicant.

Mr. Akhilesh Kumar, Government Advocate for the State.

Heard.

Admit.

Call for record of the learned Courts below.

Also heard on I. A. No.1 application for suspension of sentence and grant of bail to the applicant.

This criminal revision has been filed under Section 438(1) read with Section 442 of the BNSS, 2023, against the judgment dated 25.05.2026 passed by learned VIII^th Additional Sessions Judge, Raipur, District – Raipur, Chhattisgarh in Criminal Appeal No.182/2024, upholding the judgment dated 16.05.2024, passed by learned Judicial Magistrate First Class, Raipur, District- Raipur, in Criminal Case No.3396/2017, convicting and sentencing the applicant as under:-

Conviction	Sentence
Under Section 354 of Indian Penal Code	R.I. for 1 year along with fine of Rs.500/- and in default of payment of fine amount, 01 month additional S.I.
Under Section 451 of IPC	R.I. for 1 year along with fine of Rs.500/- and in default of payment of fine amount, 01 month additional S.I.

Ms. Jaiswal, learned counsel appearing for the applicant would submit that the maximum sentence inflicted upon the applicant is 1 year and he is in jail since 25.05.2026. She would further submit that during trial as well as during pendency of appeal, the applicant remained on bail; thus, she would pray to allow this application.

On the other hand, learned State counsel would oppose the submission made by counsel for the applicant.

Heard.

Taking into consideration the fact that during trial as well as during pendency of appeal, applicant remained on bail; at present, he is in jail since 25.05.2026 and further looking to the period of sentence imposed upon him, I am inclined to allow the application (I.A. No.1).

Accordingly, application (I.A. No.1) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court.

The applicant shall appear before the learned Court below on 15.07.2026 and thereafter continue to appear there on all such dates as are given to him by the said Court till disposal of this revision.

List the case for final hearing.

In view of the above, I.A. No.2, application for urgent hearing and I.A. No.3, application for listing the case during summer vacation, are hereby disposed of.

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