Chattisgarh High Court
Ganesh Kumar @ Kalu vs State Of Chhattisgarh on 17 January, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 1227 of 2022
1. Ganesh Kumar @ Kalu, S/o Prakash Kumar, aged about 30 years, R/o Behind Teen
Darshan Mandir, near Nandu Kirana Stores, PS Chhawani, Distt. Durg (CG)
2. Santosh @ Tonu S/o Prakash Kumar aged about 21 years R/o Behind Teen Darshan
Mandir, Near Nandu Kirana Stores, PS Chhawani, Distt. Durg (CG) ----
Applicants
In Jail
Versus
State Of Chhattisgarh Through the District Magistrate, Distt. Durg (CG)
---- Respondent
17/01/2023 Mr. AC Sahu, counsel for the applicants.
Mr. Sudhir Sahu, PL for the State.
Heard on admission.
The revision is admitted for hearing.
Call for records of the Courts below.
Also heard on IA No.01, application for
suspension of sentence and grant of bail.
By the impugned judgment dated 18.11.2022
passed by Additional Sessions Judge, Durg in
Criminal Appeal No.124/2022, the appeal preferred
by the applicants against the judgment dated
3.8.2022 of Judicial Magistrate First Class, Durg in
Criminal Case No.90/2017 has been dismissed,
upholding the conviction of the applicants under
Section 325 of IPC and sentence of one years' RI
with fine of Rs.2000/-.
Learned counsel for the applicants submits
that Courts below have not properly appreciated the
evidence on record. No independent witness has
supported the prosecution case. The applicants
were on bail during trial and pendency of the appeal
and never misused the liberty granted to them. The
applicants are in jail since 18.11.2022 and disposal
of this revision is likely to take some time, therefore,
they may be released on bail.
On the other hand, learned counsel for the
State opposes the bail application.
Considering the facts and circumstances of
the case, the short sentence of one year awarded to
the applicants; the detention period of the applicants;
they were on bail during trial and even during appeal
and did not misuse the liberty and that disposal of
this revision is likely to take some time, without
commenting anything on merits of the case, this
Court is of the opinion that present is a fit case to
release the applicants on bail. Accordingly, the
application is allowed.
It is directed that execution of the substantive
jail sentence imposed upon the applicants shall
remain suspended during pendency of this revision
and they shall be released on bail on each of them
executing a personal bond for a sum of Rs.25,000/-
with one surety of the like sum to the satisfaction of
the trial Court, for their appearance before the
Registry of this Court on 27th March, 2023. They
shall thereafter appear before the concerned trial
Court on a date to be given by the Registry of this
Court and thereafter, continue to appear before the
trial Court on all such subsequent dates as are given
to them by the said Court till disposal of this revision.
sd/
(Rajani Dubey)
Judge
khan
