Chattisgarh High Court
Trinetra Pratap Singh vs State Of Chhattisgarh on 13 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Proceedings through Video Conferencing
CRR No.503 of 2021
1.
Trinetra Pratap Singh, S/o late Baaj Bahadur Singh (wrongly mentioned as
Raj Bahadur Singh in Appellate order), aged about 30 years.
2. Chandraprabha Singh, D/o late Baaj Bahadur Singh (wrongly mentioned as
Rajbahadur Singh in Appellate order), aged about 25 years.
Both are resident of Juna Lakhanpur, Tahsil Lakhanpur, District Sarguja (CG).
---Applicants
Versus
State of Chhattisgarh, through District Magistrate, Ambikapur, District Sarguja
(CG).
---Non-applicant
13.08.2021 Mr. Varunendra Mishra, Advocate for the applicants.
Mr. Vaibhav Kartikeya Agrawal, Panel Lawyer for the State/non-
applicant.
Heard on admission.
Issue notice to the non-applicant.
Mr. Vaibhav Kartikeya Agrawal, Panel Lawyer appears and
accepts notice on behalf of the State/non-applicant.
Call for the record of the Court below.
Also heard on I.A. No.1/2021 an application for suspension of
sentence and grant of bail to the applicants during the pendency of
the revision.
This revision has been preferred by the applicants against the
judgment dated 03.08.2021 passed in Criminal Appeal No.49/2020
by learned III Additional Sessions Judge, Ambikapur, District Sarguja
(CG) whereby the appellate Court affirmed the judgment of conviction
passed by the trial Court under Section 498A of Indian Penal Code
(in short, 'IPC') and the sentence imposed. The applicants have been
convicted for offence under Section 498A of IPC and sentenced to
undergo R.I. for 1 year and to pay fine of Rs.8000/- and in default of
payment of fine to further undergo rigorous imprisonment for three
months.
It is submitted by the learned counsel for the applicants that the
trial Court has erroneously convicted and sentenced the applicants
and the appellate Court has also committed the same error. He
further submits that the applicants were on bail during the trial and
during appeal also. They have not misused bail granted to them. The
applicants are in jail after the judgment passed by the appellate
Court. There is no likelihood of the revision coming for hearing finally
in the near future. Therefore, sentence awarded to the applicants
may be suspended and they may be enlarged on bail. He further
submits that the applicants are ready and willing to furnish bail bonds
and will follow all the conditions imposed upon them.
Per contra, learned counsel appearing for the State opposes the
prayer for grant of bail submitting that concurrent findings of two
Courts below are against the applicants. Hence, they are not entitled
for grant of bail.
Heard the learned counsel for the parties and perused the
documents available on record.
Considered the submissions made by the learned counsel for the
parties and also perused impugned judgment and the documents
available on record.
Looking to the reason that there is no likelihood of this revision
being heard finally in the near future and other facts, I am inclined to
allow this application (I.A. No.1/2021) for suspension of sentence and
grant of bail.
Accordingly, the bail application I.A. No.1/2021 is allowed. It is
directed that substantive jail sentence imposed upon the applicants
shall remain suspended during the pendency of this revision and they
shall be released on bail on their furnishing a personal bond in the
sum of Rs.20,000/- each with one surety in the like sum to the
satisfaction of the concerned trial Court for their appearance before
the Registry of this Court on 10.11.2021. Thereafter, they shall
appear before the concerned trial Court on a date given by the
Registry of this Court and on all such subsequent dates as would be
given to the applicants in this behalf by that Court, till disposal of the
instant revision. It is made clear that fine sentence is not suspended.
Learned counsel for the applicants submits that he does not want
to press I.A. No.2/2021 application for bringing additional facts and
document on record.
Accordingly, I.A. No.2/2021 is dismissed as not pressed.
List this case for further order in due course.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
Judge
L/-
