Dilip Kannuaje vs State Of Chhattisgarh
2025 Latest Caselaw 2948 Chatt

Chattisgarh High Court

Dilip Kannuaje vs State Of Chhattisgarh on 10 June, 2025

                                                   1




                         HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRR No. 602 of 2025

                    1 - Dilip Kannuaje S/o Vipat Kannauje Aged About 33 Years
                    R/o Village- Mahamaya Chowk, Police Station- Palari, Dist.
                    Balodabazar- Bhatapara (C.G.) (In Jail)
                                                                     ... Applicant
                                                versus
                    1 - State of Chhattisgarh, Through: The District Magistrate,
                    Balodabazar, District- Balodabazar- Bhatapara (C.G.)
                                                                   ... Respondent

10.06.2025 Mr. Siddharth Pandey, counsel for the applicant.

Ms. Sunita Sahu, P.L. for the State/respondent. Heard on admission.

Admit.

Also heard on I.A. No.01/2025, application for suspension of sentence and grant of bail under Section 430 of the BNSS.

By judgment dated 29.06.2024 passed by Judicial Magistrate First Class, Balodabazar (C.G.) in Criminal Case No. 696/2018, the applicant stands convicted

under Sections 456 and 354 of IPC, and sentenced to

undergo S.I. for 01-01 years with a fine of Rs. 1000- 1000 for each of the offence with default stipulation. Being aggrieved by the said judgment, the applicant preferred an appeal, i.e. Criminal Appeal No. 14/2024, and vide impugned order dated 30.04.2025, the learned 3rd Additional Sessions Judge, District - Balodabazar-Bhatapara (C.G.) affirmed the conviction and sentence of the applicant.

Learned counsel for the applicant submits that the applicant is innocent and is falsely implicated in the case, and there is no material evidence against him. He further submits that the applicant was driver of the tractor of the brother-in-law of the victim, and when he visited the house of the victim to drop the keys of the tractor at night, they allegedly abused and assaulted him for which a counter FIR has been lodged by the applicant on 29.04.2018, which is annexed herein as Annexure A/3 with the MLC of the applicant, therefore, he has been falsely implicated in the crime in question by the victim. He also submits that the applicant is in jail since 30.04.2025, the revision will take considerable time, therefore, the application may be allowed and the applicant may be enlarged on bail.

On the other hand, learned State counsel opposes the bail application.

Considering the facts and circumstances of the case and also considering that the applicant is in jail since 30.04.2025, the final disposal of this case is

likely to take considerable time, the application is allowed and it is directed that the substantive jail sentence imposed upon the applicant shall remain suspended till final disposal of this revision, subject to the depositing of the fine amount imposed upon the applicant, and he shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 10th July, 2025. He 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 him by the said Court till disposal of this petition.

Call for the records of the trial Court. List this case for final hearing in its chronological order.

Certified copy as per rules.

Sd/-

(Sanjay Kumar Jaiswal) Judge

H.L. Sahu