Bhagwan Das Bandhe vs State Of Chhattisgarh
2022 Latest Caselaw 83 Chatt

                                                                                   NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                    CRR No. 790 of 2021
      Bhagwan Das Bandhe S/o Parasram Bandhe Aged About 18 Years R/o Chirchari
       Kala, P.S. Gendatola District- Rajnandgaon, Chhattisgarh

                                                                           ---- Applicant
                                           Versus
      State Of Chhattisgarh Through- Station House Officer, Police Station Gendatola,
       District- Rajnandgoan (C.G.), Chhattisgarh

                                                                       ---- Respondent

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06/01/2022 Shri C.R. Sahu, Counsel for the Applicant.

Shri Chitendra Singh, PL for the State/Respondent.

Heard on IA No. 01/21, application for suspension of sentence and grant of bail to the applicant.

In this revision filed under Section 397/401 of the Cr.P.C. the applicant is challenging the judgment dated 21.10.2021 passed in CRA No.71/2016 by the First Additional Sessions Judge, Rajnandgaon, Chhattisgarh convicting him under Section 302 and 201 read with 34 of IPC and ordering him to be kept in Special home for three years on each count.

The allegation against the present applicant is that he along with other co-accused during the period from 17.12.2015 and 18.12.2015 with common intention committed murder of Belsiya Bai by throttling her and in order to cause dis-appearance of the evidence of crime threw her dead body in the culvert near the agricultural field of Khemlal Sinha.

Considering the facts and circumstances of the case, the fact that the maximum period for keeping the applicant in Special Home is three years and he has remained in Special Home from 22.02.2015 to 16.03.2017 and thereafter from the date of impugned judgment i.e. 21.10.2021, disposal of the revision is likely to take some time, this Court is of the opinion that present is a fit case to release the applicant on bail.

Accordingly, the bail application is allowed.

It is directed that on applicant furnishing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned Juvenile Justice Board, he shall be released on bail. He shall appear before the said Court on 02.05.2022 and thereafter appear on all such subsequent dates as are given to him by the said Board, till disposal of this revision.

List this case for final hearing in due course.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

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