Chattisgarh High Court
Shambhu Gupta vs State Of Chhattisgarh on 17 April, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 492 of 2025
1 - Shambhu Gupta S/o Natthu Sao Aged About 40 Years R/o Village
Indrawatipur, Police Station Sanawal, District Balrampur- Ramanujganj (C.G.)
2 - Nandu Prasad S/o Natthu Ram Aged About 40 Years R/o Village
Indrawatipur, Police Station Sanawal, District Balrampur- Ramanujganj (C.G.)
3 - Basant Gupta S/o Balbhadra Prasad Aged About 35 Years R/o Village
Chanki, Police Chowki Vijainagar, Police Station Ramanujganj, District
Balrampur-Ramanujganj (C.G.)
4 - Alamchand Gupta S/o Late Bachchu Sao Aged About 40 Years R/o Village
Indrawatipur, Police Station Sanawal, District Balrampur- Ramanujganj (C.G.)
... applicants
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
Ramchandrapur, District Balrampur-Ramanujganj (C.G.)
... Respondent
Order Sheet
17/04/2025 Ms. Hamida Siddiqui, learned counsel for the applicants.
Mr. Neeraj Sharma, Dy. Govt. Advocate 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 have 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
Rs. 1,55,937/-, has been deposited in the bank account of the
applicant no. 1, Rs. 3,18,320/- has been deposited in the bank
account of the applicant no. 3, Rs. 1,34,560/- has been deposited
in the bank account of the applicant no. 4, whereas the persons
in whose names the cheques were issued, have not been
examined and the account of the present applicants has 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 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 them
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.
477/2025 and CRR 484/2025.
Sd/-
(Ravindra Kumar Agrawal)
Judge
sagrika
SAGRIKA AGRAWAL
AGRAWAL Date:
2025.04.17
16:51:06 +0530
