Sontu Alias Avinash Singh vs State Of Chhattisgarh
2021 Latest Caselaw 1706 Chatt

                                                                                                NAFR

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Criminal Revision No. 505 of 2021

        Sontu alias Avinash Singh, S/o Utpanna Singh Thakur, aged about 24 years,

        Montu alias Preetraj Singh, S/o Utpanna Singh Thakur, aged about 20 years,

       Both R/o Village Bhaismudi, P.S. Navagarh, District Janjgir - Champa (C.G.)

                                                                           ----Applicants/accused

                                                Versus

        State of Chhattisgarh, through: District Magistrate, District Janjgir-Champa (C.G.)

                                                                                 ---- Non-applicant



11/8/2021

Mr. Shailesh Tiwari, counsel for the applicants.

Mr. Devesh Chand Verma, Govt. Advocate for the State.

Issue notice to non-applicant.

Mr. Devesh Chand Verma, Govt. Advocate accepts notice on behalf of non- applicant/State.

Heard on I.A. No.1/2021, which is an application for suspension of sentence and grant of bail to the applicants during pendency of the revision.

Applicants have been convicted for the offence punishable under Section 325/34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for two years, each with fine of Rs.1,000/-, each, in default of payment of fine to further undergo simple imprisonment for three months.

Counsel for the applicants submits that the applicants were on bail during trial and they did not misuse the liberty of bail granted to them. Presently, they are languishing in jail since 29.07.2021, the date of passing of the impugned judgment. There is no likelihood of the revision coming for hearing in near future. He further submits that the applicants are ready and willing to furnish bail bonds and will follow all the conditions imposed upon them.

On the other hand, counsel for the State opposes the prayer for grant of bail.

Considering the submissions made by counsel for the parties and also perused the record of the trial Court. It is stated that applicants were on bail during trial, the maximum sentence awarded to the applicants is of two years. There appears to be no likelihood of this revision being heard finally in near future.

Looking to the above facts, this court is of the opinion that it is a fit case in which substantive sentence imposed on applicants can be suspended and they can be enlarged on bail. Accordingly, the bail application I.A. No. 1/2021 is allowed. It is directed that substantive sentence imposed on the applicants/accused shall remain suspended and they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- with one surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 22nd September, 2021 and thereafter as and when directed in this behalf by the trial Court, till final disposal of the revision. It is made clear that fine sentence is not suspended.

List this case for further order in due course.

Sd/-

(N.K.Chandravanshi) Judge

D/-