Mithlesh Paul vs State Of Chhattisgarh
2021 Latest Caselaw 96 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Cr.R. No.229 of 2021
 •   Mithlesh Paul S/o Shri Arjun Paul, Aged About 32 Years R/o Village Mitgayi,
     P.S. Ramanujganj District Balrampur Ramanujganj (Wrongly Mentioned As
     Balaram In The Impugned Order) Chhattisgarh
                                                                     ---- Applicant
                                        Versus
 •   State Of Chhattisgarh Through District Magistrate, Ramanujganj, District
     Balrampur Ramanujganj Chhattisgarh
                                                                ----Non-applicant



13/04/2021
                   Mr. Mayank Chandrakar, Advocate for the applicant.

                   Mr. Adil Minhaj, G.A. for the State/respondent.

Heard on I.A. No.01, an application for suspension of sentence and grant of bail under Section 397 of Cr.P.C.

This Criminal Revision is filed against the judgment dated 06.03.2021, passed in Criminal Appeal No.29/2019, by the Learned Additional Session Judge, Ramanujganj, District- Balrampur- Ramanujganj, C.G. upholding the judgment of the trial Court dated 25.04.2019, whereby the applicant has been convicted and sentenced in the following manner:-

Conviction Sentence U/s. 279 of I.P.C. R.I. for 03 months and fine of Rs.5000/- and in default of payment of fine, R.I. for 03 months more.

U/s. 337 of I.P.C. R.I. for 03 months and fine of Rs.5000/- and in default of payment of fine, R.I. for 03 months more.

U/s. 338 of I.P.C. R.I. for 06 months and fine of Rs.5000/- and in default of payment of fine, R.I. for 03 months more.

U/s. 304-A of I.P.C. R.I. for 02 years and fine of Rs.5000/- and in default of payment of fine, R.I. for 03 months more.

It is submitted by the learned counsel for the applicant that the conviction against this applicant by the two Courts below is erroneous. The defence by the applicant had been that the motor accident occurred because of the mechanical failure of the vehicle which the applicant was driving for which the applicant is not responsible. Hence, the applicant has challenged the impugned judgment by this revision petition. Applicant is in jail since 06.03.2021. There is all likelihood of delay in final hearing of this revision petition, therefore, it is prayed that he may be granted bail.

Per contra, learned counsel for the State opposes the application and submits that there is a concurrent finding of the two Courts below on the basis of the cogent and reliable evidence of the prosecution witnesses. Therefore, there is no ground for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the impugned judgment.

Considered on the submissions. The impugned judgment has mentioned about the evidence of mechanical failure but the same has not been believed by the Court. Further, looking to this fact that this applicant had been on bail during the trial and during the pendency of appeal and also he has not misused that liberty. Also there is likelihood of delay in final hearing of this revision petition, I feel inclined to allow this application.

Accordingly, I.A. No. 01, an application for suspension of sentence and grant of bail under Section 397 of Cr.P.C., 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 29th 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

Monika