Chandan Nishad vs State Of Chhattisgarh
2021 Latest Caselaw 79 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                       CRR No. 299 of 2020
 • Chandan Nishad S/o Dhani Ram Nishad, Aged About 33 Years, Resident of Ameri
   Kapa (Tala), Police Station Bilha, District Bilaspur Chhattisgarh, District : Bilaspur,
   Chhattisgarh
                                                                                    ---- Applicant
                                               Versus
 • State of Chhattisgarh Through Station House Officer, Police Station Bilha, District
   Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
                                                                                  ---- Respondent

09/04/2021 Shri G.L. Uikey, Advocate for the applicant.

Shri Gurudev I. Sharan, Govt. Advocate for the State. Heard on I.A.No.1/2021, application for suspension of sentence and grant of bail.

The criminal revision has been filed against the judgment dated 13-02- 2020 passed by the 6th Additional Sessions Judge, Bilaspur, District Bilaspur C.G. in Criminal Appeal No.250/2018 arising out of the judgment dated 10-10-2018 passed by J.M.F.C. Bilha, whereby the applicant has been convicted and sentenced by the trial Court in the following manner with a direction to run both the jail sentences concurrently:-

             Sl.No.       Conviction             Sentence
             01.          U/s 280 of the IPC     R.I. for 06 months and payment of fine of
                                                 Rs.1000/-, failing which R.I. for 1 month,

02. U/s 304-A of the IPC R.I. for 02 years and payment of fine of Rs.1000/-

failing which R.I. for 1 month.

It is submitted on behalf of the applicant that this is third application for suspension of sentence and grant of bail. The first application filed by the applicant was dismissed on merits on 09-03-2020 and his second application for suspension of sentence and grant of bail was dismissed as withdrawn on 21-07- 2020, in which liberty was granted to revive the application in case the revision petition is not heard finally till date the applicant has completed one year of jail sentence. It is submitted by learned counsel for the applicant that the applicant has undergone custody in jail of about one year and two months and the case has not been listed for final hearing and there is no likelihood of it being listed in near future. Therefore, it is prayed that the application for suspension of sentence be allowed and the applicant be granted bail.

Learned counsel for the State/respondent opposes the application submitting that there is finding of conviction against the applicant is recorded by two Courts below. Therefore, the applicant is not entitled for grant of bail.

Heard learned counsel for the parties and perused the records. Considered on the submissions and also perused the record of the trial Court. Taking into consideration that the applicant has already undergone more than one year jail sentence and there is no likelihood of urgent listing of this case, therefore, I feel inclined to allow the application for suspension of sentence and grant of bail to the applicant.

Accordingly, I.A.No.1/2021, application for suspension of sentence and grant of bail, is allowed and 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 30th of 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.

Certified copy as per rules.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Aadil