Kushalram Nandeshwar vs State Of Chhattisgarh
2022 Latest Caselaw 5487 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                        Criminal Revision No.732 of 2022

  1.

Kushalram Nandeshwar S/o Punaram Nandeshwar, aged about 51 years

2. Jeevanlal S/o Kriparam, aged about 32 years

3. Kartikram S/o Nirbhayram, aged about 36 years. (All are r/o Village- Maditarai, Police Station- Dongargarh, District- Rajnandgaon, C.G.)

4. Amarlal S/o Laduram, aged about 36 years, R/o Village- Damabanjari, Police Station- Chhuriya, District- Rajnandgaon, C.G.

---- Applicants Versus • State of Chhattisgarh, through : District Magistrate, Rajnandgaon, C.G.

----Non-applicant

29/08/2022 Mr. Keshav Dewangan, Advocate for the applicants.

Ms. Priyambada Singh, Dy. Govt. Advocate for the State.

Heard.

Admit.

Also heard on I.A. No.01/2022, an application under Section 397 of Cr.P.C. for suspension of sentence and grant of bail.

This Criminal Revision is filed by the applicants against the judgment dated 05.07.2022, passed in Criminal Appeal No.09/2019, by the Additional Sessions Judge, Dongargarh, District- Rajnandgaon, C.G., whereby the judgment passed by the learned trial Court dated 22.04.2019, in Criminal Case No.146/2018, has been affirmed, with a direction to run all the sentences concurrently in the following manner:-

Conviction Sentence

U/s. 419/34 of I.P.C. R.I. for 03 years and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

U/s. 420/34 of I.P.C. R.I. for 03 years and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

U/s. 467/34 of I.P.C. R.I. for 03 years and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

U/s. 468/34 of I.P.C. R.I. for 03 years and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

U/s. 471/34 of I.P.C. R.I. for 03 years and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

U/s. 120-B of I.P.C. R.I. for 06 months and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

For applicant No.02

Conviction Sentence

U/s. 380 of I.P.C. R.I. for 03 years and fine of Rs.200/-

and in default of payment of fine, further S.I. for 01 month.

It is submitted by the learned counsel for the applicants that the maximum sentence inflicted upon the applicants is of 03 years and they have served about 01 year and 07 months out of 03 years. During the pendency of the appeal, the applicants were on bail. Therefore, he prays for suspension of sentence and grant of bail to the applicants.

Per contra, learned counsel for the State vehemently opposes the application.

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

Considering the fact that out of 03 years, applicants have served about 01 year and 07 months' jail sentence and during the pendency of appeal, they were on bail, I feel inclined to allow this application.

Accordingly, heard on I.A. No.01/2022, an application under Section 397 of Cr.P.C. for suspension of sentence and grant of bail., is allowed.

It is directed that the jail sentence imposed upon the applicants shall remain suspended during the pendency of this criminal revision and they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 14 th of November, 2022. They shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to them by the said Court, till disposal of this criminal revision.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika