Gulshan Kumar Chopda vs State Of Chhattisgarh
2022 Latest Caselaw 1538 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR
                                        CRA No. 25 of 2022

         Gulshan Kumar Chopda S/o Bhuvneshwar Prasad Chopda Aged About 27 Years
          Occupation-Patwari, P.H. No. 28, Head Quarter Village Aheri, Up-Tahsil Ahiwara,
          District Durg (C.G.). Permanent R/o Village Sirsakala, Bazar Chowk, P.S. Purani
          Bhilai, District Durg Chhattisgarh.
                                                                           ---- Petitioner
                                               Versus

         State Of Chhattisgarh Through the Superintend Of Police Anti Corrupion Bureau,
          Raipur, District Raipur Chhattisgarh.
                                                                          ---- Respondent

CRA No. 122 of 2022

1. Anil Kumar Bawnagde S/o Gyaneshwar Bawnagde Aged About 51 Years Revenue Inspector Aahiwara Sub Tehsil Aahiwara, District Durg Chhattisgarh Permanent R/o Vijay Nagar Bank Colony, Near Shankar Nagar, Durg P. S. Mohan Nagar, Durg Chhattisgarh

2. Naresh Kumar Kurre S/o Navaldas Kurre, Aged About 26 Years R/o Village Khertha, P. S. Jamul, District Durg Chhattisgarh

---- Petitioner Versus

 State Of Chhattisgarh Through Superintendent Of Police Anti Corruption Bureau, Raipur Chhattisgarh

---- Respondent

24.3.2022 Mr. PR Patankar and Mr. AC Sahu, Counsel for the appellants.

Mr. B.P. Banjare, Dy. GA for the State.

Heard on the applications ( IA No.1 in both the appeals) for suspension of

sentence and grant of bail to the appellants

These appeals are arising out of the judgment of conviction and sentence dated 17.12.2021 passed by the Special Judge (Prevention of Corruption Act)

Durg (CG) in Special Case No.3/2018, whereby and whereunder, the appellants

have been held guilty for the offence as under :

Conviction of appellant in Criminal Sentence (All the sentences to run Appeal No.25 of 2022 concurrently)

Offence under Section 120B of the RI for 4 years, 4 years, 4 years and IPC and Sections 7, 13(1) (D) read with fine of Rs.2000/-,Rs.2000/- and Section 13(2) of the Prevention of Rs.1000/- respectively, in default of Corruption Act. fine 1 month, 1 month and 15 days of RI

Conviction of appellants in Criminal Sentence Appeal No.122 of 2022 (Both the sentences to run concurrently)

Under Sections 7,13(1)(D) read with RI for 4 years in each Section and fine Section 13(2) of the Prevention of of Rs.2000/- - Rs.2000/- and Rs.1000/- Corruption Act. And Section 120(B) and in default of payment of fine of the IPC (only appellant No.1) additional RI for 1 month, 1 month and 15 days

Under Section 120(B) of the IPC (only RI for 4 years and fine of Rs.1000/- appellant No.2) and in default of payment of fine, additional RI for 15 days

Learned counsel for the appellants submits that the appellants have a very

good prima facie case in their favour. While referring to para 90 and 114 of the

impugned judgment in respect of acceptance and demand of bribe amount and

also referring to the statement of PW-1 Rajkishore Behra at para 48 & 49, he

submits that the evidence of the complainant is very weak, shaky and

contradictory. He also submits that the appellants were in jail from 29.5.2017

to 29.7.2017 and post conviction since 17.12.2021. He further submits that

disposal of the appeal is likely to take some more time, therefore, he prays for

suspending the jail sentence imposed against the appellants.

On the other hand, learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and also considering the

short sentence awarded, I am of the opinion that present is a fit case to

suspend the jail sentences imposed against the appellants and release them

on bail.

Accordingly, the applications are allowed.

Execution of the substantive jail sentence imposed on the appellants shall

remain suspended and they are directed to be released on bail on each of

them furnishing a personal bond for a sum of Rs.10,000/- with one surety

each in the like sum to the satisfaction of the trial Court for their appearance

before the Registry of this Court on 27th of April 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 the disposal of this appeal.

        Certified copy as per rules.                          Sd/-

                                                     ( Deepak Kumar Tiwari)
                                                             Judge




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