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High Court Of ChhattisgarhCRA/623/2013dismissed

Baba @ Rakesh Banjare v. State Of Chhattisgarh

2015-10-09Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 623 of 2013 Baba @ Rakesh Banjare s/o Mahettar Banjare, aged about 19 years, R/o village Kholipara, Nawapara, Police Station Gobra, Nawapara, District Raipur (CG) ---- Appellant

Versus

State of Chhattisgarh, through Police Station Gobra Nawapara, District Raipur (CG), Civil and Revenue District Raipur (CG) ---- Respondent For appellant :

Shri Hemant Kesharwani, Advocate For respondent :

Ms. Shobha Kashyap, Dy.

Government Advocate HON'BLE SHRI JUSTICE CHANDRA BHUSHAN BAJPAI

JUDGMENT

09/10/2015 1.

Learned counsel for the appellant submits that the appellant has been convicted in S.T. No.21/2011 dated 27.8.2012 by the Additional Sessions Judge, Gariyaband, District Gariyaband under Section 394 read with Section 397 of the IPC and sentenced to undergo R.I. for 7 years and to pay fine of Rs.5,000/-, in default of payment of payment of fine to further undergo R.I. for 6 months; and under Section 25 (1) (1-B) (b) of the Arms Act, 1959 and sentenced to undergo R.I. for 1 year and to pay fine of Rs.100/-, in default of payment of fine to further undergo 10 days along with a

direction to run the sentences concurrently. Against the impugned judgment, the appellant has preferred the instant Criminal Appeal. 2.

Learned counsel for the appellant submits that as the appellant has served the entire sentence and also deposited the fine amount as directed and he had been released after serving the entire sentence on 12.5.2015 after availing the benefit of remission, as directed, he is not pressing the appeal on its merits. 3.

As learned counsel for the appellant is not pressing the instant Criminal Appeal on its merits, and also after perusal of entire material, in the considered view of this Court, there is no illegality or impropriety in the judgment passed by the Court below, whereby the appellant has been convicted as aforementioned.

4.

Accordingly, the instant Criminal Appeal is dismissed as not pressed and for the reasons indicated above.

5.

The appeal is dismissed. Sd/ (Chandra Bhushan Bajpai) JUDGE sunita