Chattisgarh High Court
Dinesh Kumar Gupta vs State Of Chhattisgarh on 16 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 484 of 2025
1 - Dinesh Kumar Gupta S/o Ramvriksha Prasad Aged About 56 Years Aged
About 56 Years, (Wrongly Mentioned As 45 Years), Resident Of Village Nagar
Ramanujganj, Police Station Ramanujganj, District Balrampur-Ramanujganj
(C.G.)
2 - Vinod Kumar Gupta S/o Chaturi Sao Aged About 61 Years (Wrongly
Mentioned As 50 Years), Resident Of Village Nagar Ramanujganj, Police Station
Ramanujganj, District Balrampur-Ramanujganj (C.G.)
3 - Deepak Kesari S/o Vinod Kesari Aged About 36 Years (Wrongly Mentioned
As 32 Years), Resident Of Village Nagar Ramanujganj, Police Station
Ramanujganj, District Balrampur-Ramanujganj (C.G.)
4 - Sunil Kumar Gupta S/o Kapurchand Sao Aged About 48 Years (Wrongly
Mentioned As 36 Years), Resident Of Village Nagar Ramanujganj, Police Station
Ramanujganj, District Balrampur-Ramanujganj (C.G.)
5 - Omprakash Gupta S/o Rajkumar Gupta Aged About 45 Years (Wrongly
Mentioned As 38 Years), Resident Of Village Nagar Ramanujganj, Police Station
Ramanujganj, District Balrampur-Ramanujganj (C.G.)
2
6 - Sanjay Gupta S/o Rajkumar Gupta Aged About 50 Years (Wrongly Mentioned
As 40 Years), Resident Of Village Nagar Ramanujganj, Police Station
Ramanujganj, District Balrampur-Ramanujganj (C.G.)
... applicantss
versus
1 - State Of Chhattisgarh Through Police Station Ramanujganj, District
Balrampur-Ramanujganj (C.G.)
... Respondent(s)
Order Sheet
16/04/2025 Dr. N. K. Shukla, Sr. Advocate along with Mr. Shailendra
Shukla, learned counsel for the applicants.
Ms. Binu Sharma, Panel Lawyer for the Respondent/
State.
The Revision is admitted for hearing.
Call for the record of the trial Court as well as the appellate
Court.
Also heard on I.A. No. 1 of 2025, which is an application
for suspension of sentence and for grant of bail.
The applicants has challenged the impugned
judgment/order dated 07.04.2025, passed by Session Judge,
Balrampur-Ramanujganj, District Balrampur-Ramanujganj (C.G.)
in Criminal Appeal No. 55/2018 whereby the appeal preferred by
the applicants has been dismissed upholding the judgment of
conviction and sentence dated 14.11.2018 passed by Chief
Judicial Magistrate, Balrampur-Ramanujganj passed in Criminal
Case No. 97/2013, wherein the applicants has been convicted
and sentenced as under:-
S. No. Conviction Sentence
1. Under Section 420 read R.I. for three years and fine
with Section 34 of IPC of Rs. 500/-, in default of
payment of fine, further
undergo R.I. for one month.
Learned counsel for the applicants would submit that the
incident is of the year 2003 whereas the FIR has been lodged in
the year 2006 and in the FIR, the present applicants has not been
named. He has been made accused in the year 2017 while
invoking the powers under Section 319 of Cr.P.C. It is alleged that
total Rs. 10,06,236/-, Rs. 52,000/- Rs. 93,286/-, Rs. 1,80,896/-,
Rs- 1,70,056/- and Rs. 2,20,625/- have been deposited in the
bank accounts of the respective applicants whereas the persons
in whose names the cheques were issued, have not been
examined and the account of the present applicants have also not
been produced in the case. The person who inquired the matter
has died and therefore, no opportunity of his cross-examination
have been available to the applicants during the trial yet the
learned trial Court has convicted him and sentenced. He would
further submit that during the trial as well as during the pendency
of the appeal, the applicants was on bail and has not misused the
liberty granted him and presently he is in jail since 07/04/2025.
The revision is of the year 2025 and it will take its own time for
final adjudication, therefore, the applicants may be enlarged on
bail.
On the other hand, learned counsel for the State, opposes
the submissions made by learned counsel for the applicants.
Considering the submission made by learned counsel for
the parties, also considering the nature of allegation made
against the applicants; further considering that during trial and as
well as during appeal he was on bail and the total period of
sentence awarded to the applicants is of three years and further
the applicants is in jail since 7.4.2025 i.e. from passing of the
impugned judgment and the fact that final hearing of this revision
would take some long time, I deem it appropriate to allow the
application for suspension of sentence and grant of bail to the
applicants.
Accordingly, the substantive jail sentence awarded to
applicants by the learned trial Court is hereby suspended.
They shall be released on bail their executing bail on their
furnishing a personal bond for a sum Rs. 25,000/- each with one
surety each in like sum to the satisfaction of the Trial Court for
their appearance before Registry of this Court on 18/06/2025.
They shall thereafter, appear before the concerned 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 him
by the said Court, till disposal of this appeal.
Consequently, I.A. No. 01/2025 stands disposed of.
List this case for final hearing along with CRR No.
475/2025, CRR 477/2025, CRR 485/2025.
Sd/-
(Ravindra Kumar Agrawal)
Judge
sagrika
SAGRIKA AGRAWAL
AGRAWAL 2025.04.17
16:52:08
+0530
