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2026 Supreme(Online)(Chh) 17815

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Pradeep Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1364 of 2026

Advocates:
For the Appellants/Petitioners: Jyoti Koushik
For the Respondents: Anil S. Pandey

An appellate court may suspend the sentence of a convicted person and grant bail if the individual remained on bail during the trial and meets the statutory requirements under the BNSS, balancing the nature of the offense with the individual's trial conduct.

Headnote:The appellant filed an appeal against a conviction and sentence under the Indian Penal Code (IPC) involving offenses including outraging modesty and simple hurt, following a judgment by the Additional Sessions Judge. The appellant, who was on bail during the trial, sought the suspension of his sentence and release on bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The primary issue concerns whether the appellant is entitled to bail pending appeal, given that he remained on bail throughout the trial and the trial court had previously suspended the sentence under Section 430(3) of the BNSS. The court reasoned that since the appellant was afforded the benefit of bail during the trial and the statutory provisions for suspension of sentence were met, his continued incarceration was not required pending the disposal of the appellate proceedings. The application for suspension of sentence and grant of bail was allowed subject to the submission of personal bonds and surety.

11/06/2026

Ms. Jyoti Koushik, counsel for the appellant.

Mr. Anil S. Pandey, Govt. Advocate for the State.

Heard on admission.

The appeal is admitted for hearing.

Call for the record of the concerned Trial Court.

Heard on I.A. No.01/2026, an application under Section 430 of the BNSS for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence dated 12.05.2026 passed in Special Criminal Case No.(POCSO) No.27/2022 by the learned Additional Sessions Judge, F.T.C. (constituted under Protection of Children from Sexual Offences Act, 2012), Gariyaband, District Gariyaband (C.G.), the appellant has been convicted and sentenced as under :-

Conviction	Sentence
Under Section 354 (A) of IPC	R.I. for 02 years and fine of Rs.1,000/-, in default of payment of fine amount additional R.I. for 01 month.
Under Section 354 of IPC	R.I. for 03 years and fine of Rs.2,000/-, in default of payment of fine amount additional R.I. for 02 months.
Under Section 323 of IPC	R.I. for 01 year and fine of Rs.500/-, in default of payment of fine amount additional R.I. for 15 days.
	All the sentences were directed to run concurrently.

Learned counsel for the appellant would contend that maximum sentence passed against the appellant herein is of 03 years and he is in jail since 12.05.2026.

She would further submit that the sentence of the appellant was suspended by the learned Trial Court according to the provision of Section 430 (3) of the BNSS. She also argued that during the trial, the appellant was released on bail, therefore, prayed to allow this (I.A.No. 01/2026) application.

On the other hand, learned counsel appearing for the State would oppose the application.

Taking into consideration the fact that during the course of trial, the appellant was released on bail and has been extended benefit of Section 430(3) of the BNSS, I am inclined to allow the application and release the appellant on bail.

Accordingly, I.A.No.01/2026 is allowed.

It is directed that the substantive 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.50,000/- with one surety in like sum to the satisfaction of the Trial Court for his appearance before the concerned Trial Court on 15.07.2026 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.

In view of above, I.A.No.02/2026, for urgent hearing, and I.A.No.03/2026 for hearing during the Summer Vacation stand disposed of.

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2026 Supreme(Online)(Chh) 17815

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURPradeep Sahu – AppellantVersusState Of Chhattisgarh – RespondentCRA No. 1364 of 2026

An appellate court may suspend the sentence of a convicted person and grant bail if the individual remained on bail during the trial and meets the statutory requirements under the BNSS, balancing the nature of the offense with the individual's trial conduct.

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Pradeep Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 1364 of 2026