Durgesh Kesharwani vs State Of Chhattisgarh
2025 Latest Caselaw 3618 Chatt

Chattisgarh High Court

Durgesh Kesharwani vs State Of Chhattisgarh on 11 April, 2025

                                                                              NAFR
                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                   CRR No. 469 of 2025

    Durgesh Kesharwani S/o Narayan Kesharwani Aged About 28 Years R/o Village
    Kudhkai, P.S. And Tehsil Pendra, District Gaurela, Pendra Marwahi Chhattisgarh.
                                                                 ... Applicant

                                           versus

    State Of Chhattisgarh Through The Police Station Pendra District Gaurela, Pendra
    Marwahi Chhattisgarh                                           ....Respondent

(Cause-title is taken from the CIS)

Order Sheet

11.04.2025 Shri Sunil Otwani, learned counsel for the applicant.

Shri Vaishali Mahilong, PL for the State.

Revision is admitted for hearing.

Call for record of the trial Court as well as the appellate Court.

Also heard on IA-1 of 2025, application for suspension of sentence and grant of bail.

This Criminal Revision is filed being aggrieved by the judgment dated 04.04.2025 passed in Criminal Appeal-34 of 2023, by the Crr 469 of 2025

learned 2nd Additional Sessions Judge, Pendra Road, Bilaspur (CG), whereby the applicant has been convicted and sentenced in the following manner with default stipulation:

Conviction Sentence Under Section 304A of the 3 months RI, with fine of IPC Rs.500/-

Under Section 337 and Fine of Rs.500/- each for 338 of the IPC causing injury to Rajni Kashyap, and Manju Kashyap; Fine of Rs.1,000/-

for causing injury to Akansha Kashyap Under Section 3/181 of Fine of Rs.500/- Motor Vehicle Act

Learned counsel for the applicant would submit that the total period of sentence awarded to the applicant is of three months. Applicant is on bail during trial, as well as in app and has not misused the liberty. Presently he is in jail since 04.04.2025, from the date of order passed by the appellate Court. Revision is of the year 2025, and final adjudication of the case will take its own time. Hence the application for grant of bail may be allowed.

Learned counsel for the State opposes the bail application.

Considering the submission of learned counsel for the parties, also considering the nature of allegation, as also the fact that total period of sentenced awarded to the applicant is of three months, applicant is on bail during trial, as well as in appeal, the revision is of the year 2025, and final adjudication of the case will take its own time, I am inclined to allow the application for suspension of Crr 469 of 2025

sentence and grant of bail to the applicant.

Accordingly, IA-1 of 2025, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the applicant- Durgesh Kesharwani, S/o Narayan Kesharwani shall remain suspended and he shall be released on bail on his executing personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 16th June, 2025. Thereafter, he shall appear before the trial Court on a date to be given by the Registry, and shall continue to appear before the trial Court on all such subsequent dates as are given to him by the said Court, till disposal of this Revision petition.

Let the matter be listed for final hearing in its due course.

Sd/-

(Ravindra Kumar Agrawal) JUDGE

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