Nohar Singh Sonwani vs State Of Chhattisgarh
2021 Latest Caselaw 55 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                Cr.R. No. 271 of 2021
Nohar Singh Sonwani, S/o. Late Shri Kripal Singh Sonwani, aged about 62 years,
R/o. Shivnagar, Ward No. 2, Police Station and District Durg Chhattisgarh.
                                                                        ---- Applicant
                                         Versus
State of Chhattisgarh, District       Magistrate, Durg, Tahsil and District Durg
Chhattisgarh.
                                                                      ----Respondent

07/04/2021 Mr. T.K. Jha, counsel for the applicant.

Mr. Adil Minhaj, Govt. Advocate for the State.

Heard on I.A. No.01, an application for suspension of sentence and grant of bail to the applicant.

This Criminal Revision is filed against the judgment of conviction and order of sentence dated 22-03-2021, passed in Criminal Appeal No.06/2020, by the Court of learned 6 th Additional Sessions Judge, Durg, District - Durg (C.G.) arising out of the judgment dated 12.12.2019, passed in Criminal Case No.19038/2011, by the Court of learned Judicial Magistrate First Class, Durg, District - Durg (C.G.), wherein the applicant has been convicted and sentenced in the following manner :-

                            Conviction                           Sentence

             U/s. 420 of the Indian Penal Code.     R.I. for 2 years and fine of Rs.200/-
                                                    and in default of payment of fine
                                                    amount, 7 days S.I. more

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case. The trial Court as well as the appellate Court both have committed error in convicting the applicant. The applicant had been on bail during the pendency of trial and during the pendency of appeal before the Sessions Court and he has not misused that liberty. There is likelihood of delay in final disposal of the petition. Therefore, it is prayed that the sentence of imprisonment imposed upon the applicant may be suspended.

State counsel opposes the application and the submission made in this respect. It is submitted that there is concurrent finding of conviction by the two Courts below, therefore, the applicant is not entitled for grant of bail.

Considered on the submissions. The applicant had been on bail during the pendency of trial and during the pendency of appeal before the Sessions Court and he has not misused that liberty and also that there is likelihood of delay in final disposal of the petition, therefore, this application is allowed and the sentence imposed upon the applicant is suspended.

Accordingly, I.A. No. 01, an application for suspension of sentence and grant of bail, is allowed.

It is directed that the jail sentence imposed upon the applicant shall remain suspended during the pendency of this criminal revision and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 28th June, 2021. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this criminal revision.

Call for the records of the Courts below and list this case for final hearing in due course.

C.C. as per rules.

Balram Sd/-

(Rajendra Chandra Singh Samant) Judge