Krishna Bawankar @ Vicky vs State Of Chhattisgarh
2025 Latest Caselaw 1366 Chatt

Chattisgarh High Court

Krishna Bawankar @ Vicky vs State Of Chhattisgarh on 22 January, 2025

                                                  1




              HIGH COURT OF CHHATTISGARH AT BILASPUR
                                         CRA No. 419 of 2024
                     Jitendra Nirmalkar versus State Of Chhattisgarh

                                         CRA No. 1310 of 2024
Krishna Bawankar @ Vicky S/o Pradeep Bawankar, Aged About 21 Years R/o
Village Near Ram Janaki Temple Rameshwar Nagar Bhanpuri, Police Station
Khamhardih, District Raipur (C.G.)                                            ---Appellant(s)
                                               Versus
State Of Chhattisgarh Through Police Station Khamtarai, District Raipur (C.G.)
                                                                           --- Respondent(s)

Order Sheet

22/01/2025 None present for the appellant in CrA No.419/2024.

Mr. SP Sannat, counsel for appellant in CrA No.1310/2024. Mr. Keshav Prasad Gupta, Govt. Advocate for the State/ respondent.

Heard.

Admit.

Also heard on IA No.02/2024, application for suspension of sentence and grant of bail filed on behalf of appellant Krishna Bawankar @ Vicky in CrA No.1310/2024.

By the impugned judgment of conviction and order of sentence dated 29.01.2024 passed by the Ninth Upper Sessions Judge, Raipur (CG) in Session Case No.94/2023, the appellant has been convicted and sentenced as under:-

Conviction Sentence Fine Default u/s.

                     307 (three             RI for 07      Rs.2000/- RI for 01 year
                     counts) read           years
                     with Section           months
                     34 IPC





           BINI    PRADEEP
           PRADEEP Date:
                   2025.01.23
                      10:55:57 +0530





           25(1B)(b) of    RI for 03      Rs.2000/- RI for 06
           Arms Act        years                    months

           27(1) of Arms RI for 05        Rs.2000/- RI for 01 year
           Act           years

All the above sentences were directed to run concurrently.

Learned counsel for the appellant submits that injury sustained to the victims has not been proved to be dangerous to their life. He would further submit that the appellant is in jail since his arrest, i.e. 22.12.2022 and he has a good case to get success in this appeal, hence, it is prayed that application for suspension of sentence may be allowed and sentence may be suspended till disposal of this appeal.

On the other hand, learned counsel for the State raised strong objection on the submission made by learned counsel for the appellant and would submit that the victims had been brutally assaulted by the appellant and the doctor has clearly opined that the injuries sustained to the victims were of serious in nature, hence, the bail application is liable to be dismissed.

I have heard learned counsel for the parties and perused the record carefully.

Having considered the injury caused by the appellant to the victims and further considering the evidence of victims namely Vimal Kumar Talmale (PW-2), Dadu Sahu (PW-3) and Nitesh Talmale (PW-4), this Court is of the considered opinion that this is not a fit case to suspend jail sentences imposed upon the appellant. Hence, IA No.02/2024 is rejected.

List these cases for final hearing in the month of February 2025.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Bini