Dinesh Kumar Bandhekar @ Deenu vs State Of Chhattisgarh
2023 Latest Caselaw 287 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                      Criminal Revision No.1156 of 2022
1.

Dinesh Kumar Bandhekar @ Deenu S/o Late Mahajan Lal Bandhekar, Aged About 40 Years R/o Village Rajesh Ata Chakki Gali, Talapara, Police Station Civil Line, District : Bilaspur, Chhattisgarh

2. Raju Sao @ Raju Kaser S/o Krishnalal Kaser Aged About 39 Years R/o Marar Gali Magarpara, Police Station Civil Line, District : Bilaspur, Chhattisgarh

3. Karan Yadav S/o Late Pradeep Kumar Aged About 29 Years R/o Talapara, Police Station Civil Line, District : Bilaspur, Chhattisgarh ------ Applicants Versus State Of Chhattisgarh Through District Managistrate,, District : Janjgir-Champa, Chhattisgarh ---- Non-Applicant

13.01.2023 Shri Ashutosh Shukla, counsel for the Applicants.

Shri Sushil Sahu, PL for the State.

Heard on IA No.01/2022, an application for condonation of delay in filing the Revision.

On due consideration of the reasons assigned therein, the same is allowed and delay of 23 days in filing the Revision is condoned.

Heard on admission.

Admit.

Call for the records of the Court below.

Also Heard on IA No.02/2022, an application for suspension of sentence and grant of bail.

The accused/Applicants have been convicted vide judgment

of conviction and order of sentence dated 21.07.2022 passed by

the Sessions Judge, District Janggir-Champa in Criminal Appeal No.69/2021 for the offence under Section 392/34 IPC and

sentenced to undergo R.I for 3 years with fine of Rs.50/- with usual

default stipulation.

Learned counsel for the accused/Applicants submits that the

Applicants have been awarded a sentence of 3 years out of which,

they have already completed 1 year 10 months and 27 days. He

further submits that the Revision is likely to take considerable time

for its final disposal, therefore, the Applicants may be enlarged on

bail.

On the other hand, learned State counsel opposes the bail

application.

Taking into consideration the facts and circumstances of the

case, submission of learned counsel for the parties, further

considering that the Applicants have already undergone the

sentence of 1 year 10 months and 27 days, without further

commenting anything on merits, I am inclined to suspend the jail

sentence imposed on the Applicants and grant them bail.

Accordingly, IA No.02/2022 is allowed and it is directed that

the substantive jail sentence imposed upon the Applicants shall

remain suspended during the pendency of the Revision and they

shall be released on bail on their furnishing a personal bond of

Rs.10,000/- with one surety each in the like sum to the satisfaction

of the concerned Court for their appearance before the Registry on 13th of February, 2023 and thereafter before the concerned Court

below on all such dates as may be given to them till final disposal

of this Revision.

Post the matter for final hearing in its due course.

Sd/-

(Deepak Kumar Tiwari) Judge

Priya