Dinesh Kumar Bandhekar @ Deenu vs State Of Chhattisgarh
2023 Latest Caselaw 530 Chatt

                                                                                         NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                   CRR No. 1071 of 2022

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

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

 3. Karan Yadav S/o Late Pradeep Kumar Aged About 29 Years R/o Talapara, Police
    Station Civil Line Bilaspur, District : Bilaspur, Chhattisgarh.

                                                                               ---- Applicants

                                           Versus

  • State of Chhattisgarh, Through: The District- Magistrate, District : Janjgir-Champa,
    Chhattisgarh.

                                                                               ---- Respondent

25/01/2023 Mr. Nasimuddin Ansari, counsel for the Applicants.

Ms. Priyamvada Singh, Dy. G.A. for the State/respondent.

Heard on admission.

Admit.

Also heard on I.A. No. 01/2022, application for suspension of sentence under Section 397 (1) of the Code of Criminal Procedure and grant of bail.

The present revision arises out of the impugned judgment dated 19.07.2022 passed by learned Sessions Judge, Janjgir, District-Janjgir- Champa (C.G.) in Criminal Appeal Case No. 66/2021 arising out of judgment dated 26.10.2021 passed by the learned Judicial Magistrate First Class, Akaltara, District - Janjgir-Champa, (C.G.) in Criminal Case No. 179/2021 whereby the applicants stand convicted as under:-

Conviction u/s Sentence

U/s 392/34 of R.I. for 03 years with fine of Rs. 50/- and in default of IPC payment of fine amount additional imprisonment of 15 days.

Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the impugned order of the learned both the Courts below are erroneous and contrary to law. The applicants are in jail since 15.02.2021, therefore, they may be released on bail.

On the other hand, State counsel opposes the application.

I have heard learned counsel for both the parties.

Considering the submissions and particularly considering that the applicants have already suffered a jail sentence of more than one year and eight months, the conclusion of the trial may likely to take some time, without commenting on the merits of the case, I am inclined to release the applicants on bail.

Accordingly, I.A. No. 01/2022, application for suspension of sentence and grant of bail is allowed.

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 executing a personal bond for a sum of Rs. 10,000/- each with one surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 27th February, 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.

List this case for final hearing in its due course along with CRR No. 1156/2022.

Certified copy as per rules.

Sd/-

(Rajani Dubey) Judge

H.L. sahu