Appeal against a Special Judge's order directing the appellant to deposit Rs.50,000 as recovery of his cancelled bail bond after he failed to appear when his appeal was called. The court held the recovery order remained unmodified and binding, found no illegality, and dismissed the appeal at admission stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1393 of 2023
| Kaleshvar PatanwarVersusState Of Chhattisgarh | |
|---|---|
| 05.01.2024 | Shri Aman Tamboli, counsel for the Appellant. Shri Shreshtha Gupa, P.L. for the State/Respondent. With the consent of the parties, this matter has been heard finally. Order dictated in open Court. Signed and dated Separately. |
| (Sanjay S. Agrawal) JUDGE |
vivek
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1393 of 2023
Kaleshvar Patanwar S/o Shri Tribhuvan Patanwar Aged About 41 Years (Mentioned As 29 Years In Annexure A-1), R/o Village Bitkula, Police Station Seepat, District : Bilaspur, Chhattisgarh.
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Seepat, District : Bilaspur, Chhattisgarh
---- Respondent _____________________________________________________________________ For the Appellant : Shri Aman Tamboli, Advocate For the Respondent : Shri Shreshtha Gupta, P.L.
Single Bench:Hon'ble Shri Sanjay S. Agrawal, J. Order on board.
05.01.2024
order dated 09.06.2023 passed by the learned Special Judge (Atrocities) Additional Charge-Additional Sessions Judge, Bilaspur in MJC (Criminal) Case No.63 of 2023, whereby the appellant was directed to deposit an amount of Rs.50,000/- within a period of one month.
sheet was submitted before the Court having its territorial jurisdiction, where the same was registered as Special Sessions Case No.64/2014. In the said matter, a concerned trial Court after framing the charges and that by considering the evidence led by the prosecution has convicted the appellant vide its judgment of conviction and order of sentence dated 10.09.2014 for the offence punishable under Sections 363 and 376 of I.P.C. read with Section 4 of the Act, 2012 and has been awarded sentence to undergo life imprisonment and to pay fine amount of Rs.50,000/- and, in default, has to undergo for rigorous imprisonment for 6 months under Section 4 of the Act of 2012, while under Section 363 and 376 of I.P.C., he has been sentenced to undergo rigorous imprisonment for 5 years and 10 years, respectively, with a usual default stipulations.
“It is directed that the jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-, with one surety in like sum to the satisfaction of the trial Court. The Appellant need not give appearance anywhere until and unless
otherwise directed.”
“Issue non-bailable warrant against the appellant herein for his appearance before this Court on 19th of June, 2023.
The bail bond of the appellant is cancelled and the surety is discharged. The concerned trial Court is directed to proceed further for recovery of bond amount in accordance with law and shall submit its report in this regard on or before 19th of June, 2023.”
sentence under Section 389 (2) of Cr.P.C. in the said appeal i.e., Criminal Appeal No.993 of 2014, which was allowed vide order dated 19.06.2023. Although the said application was allowed suspending his jail sentence, but in so far as the order dated 08.05.2023 is concerned, the same is, however, not been found to be modified, as observed herein above.
Sd/(Sanjay S. Agrawal) JUDGE
vivek
1 issue framed by the court
Whether the trial court erred in directing recovery of the Rs.50,000 bail bond amount despite the subsequent suspension of sentence under Section 389(2) Cr.P.C.
4 provisions across 3 enactments
Kaleshvar Patanwar
State Of Chhattisgarh
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
