HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 591 of 2022
Mahendra Kumar Sahu S/o Mathura Prasad Sahu Aged About 27 Years R/o Village Kharpi
(Silwa), Tahsil- Bhatapara, Police Station Bhatapara (Gramin), District Baloda Bazar-
Bhatapara Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through - District Magistrate, Baloda Bazar, District Baloda-Bazaar
Bhatapara Chhattisgarh.
---- Respondent
23-06-2022 Shri Vijay Shankar Mishra, Advocate for the applicant.
Shri Adil Minhaj, Government Advocate for the State/respondent. Heard.
Issue notice to the respondent.
Call for the record of the trial Court.
Learned State counsel appears and accepts notice on behalf of respondent.
Also heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail to the applicant.
By this criminal revision, the applicant has challenged the impugned judgment of conviction and order of sentence dated 26-05-2022, passed by the Upper Sessions Judge, Bhatapara, Distt: Balodabazar (C.G.) in Criminal Appeal No.H-58/2019, whereby the judgment of conviction and order of sentence dated 08-11-2019 passed by the Judicial Magistrate First Class, Bhatapara, Distt: Balodabazar in Criminal Case No.156/2014 has been upheld, whereby the applicant has been convicted and sentenced as under:- Sr. Section Act Jail sentence Fine sentence Default No.
1. 279 IPC Till rising of 500 S.I. for 3 days
the Court
2. 337 IPC - 500 S.I. for 3 days
3. 304A IPC R.I. for 6 1000 S.I. for 10 days
months
4. 3/181 Motor - Rs.5,00/- S.I. for 3 days
Vehicle
Act
All the jail sentences have been directed to run concurrently. Learned counsel for the applicant submits that the applicant is in jail after passing of judgment by appellate Court on 26-05-2022. Maximum jail sentence awarded to him is only six months. It is further submitted that applicant was on bail during trial and appeal also. He has never misused the bail granted to him. He has deposited all the fine amount before the trial Court, hence, substantive jail sentence awarded to the applicant may be suspended till the final decision of this revision.
Per contra, learned counsel for the State opposes the application for suspension of sentence and grant of bail to the applicant.
Considered the submission and perused the impugned orders. Considering the short term jail sentence awarded to the applicant and also considering the fact that this revision is not likely to go for final hearing in near future, hence, I feel inclined to allow the I.A. No.1/2022.
In view of the above, I.A. No.1/2022, application for suspension of sentence and grant of bail to the applicant is allowed.
It is directed that execution of substantive jail sentence imposed on the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant shall appear before the Registry of this Court on 26-08-2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the revision.
List this case for final hearing in due course. Certified copy as per rules.
SD/-
(N.K. Chandravanshi) Judge Amardeep