Chattisgarh High Court
Mukesh Kumar Sharma vs State Of Chhattisgarh on 16 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Proceedings through Video Conferencing
Criminal Revision No.517 of 2021
Mukesh Kumar Sharma S/o Late Baijnath Sharma Aged About 19 Years R/o Block
Colony Katekalyan Police Station Katekalyan District Dantewada Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through District Magistrate District South Bastar Dantewada
Chhattisgarh.
---- Respondent
16.8.2021 Shri Vikas A Shrivastava, counsel for the applicant.
Shri Dinesh Tiwari, Dy. Govt. Advocate for the State/respondent.
Heard on admission.
Admit.
Issue notice to the respondent.
Learned counsel for the State accepts notice on behalf of the
State.
Also heard on IA No.01/2021 for suspension of sentence and
grant of bail to the applicant during the pendency of the revision.
The applicant has been convicted by the Judicial Magistrate
First Class, South Bastar Dantewada in Criminal Case No.418/2017 in
the following manner:-
Conviction U/S Sentence Fine In default of
payment of Fine
304A IPC Simple imprisonment Rs.1000/- 01 month SI
for six months
146/196 Motor .... Rs.1000/- 15 days SI
Vehicles Act
In an appeal (CrA. No.418/2017), the learned appellate Court
vide order dated 29.7.2021 upheld the judgment of conviction and
sentence passed by the trial Court.
Learned counsel for the applicant submits that the applicant was
on bail during the trial and after the judgment of the appellate Court he
is in jail since 29.7.2020. He further submits that the applicant has a
good case and there is no likelihood of this revision being heard in
near future, therefore, sentence awarded to the applicant may be
suspended and he may be released on bail.
Per contra, learned counsel for the State opposes the bail
application.
Heard learned counsel for the parties and perused the
documents available on record.
Looking to the short sentence awarded to the applicant and
considering the fact that the applicant was on bail during trial and
appeal, as stated by his counsel and further for the reason that there is
no likelihood of this revision being heard finally in near future, I am of
the opinion that this is a fit case to suspend the sentence and release
the applicant on bail.
Accordingly, the bail application (IA No.01/2021) is allowed. It is
directed that substantive jail sentence imposed upon the applicant
shall remain suspended during the pendency of this 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 the like sum to the satisfaction of the
concerned trial Court for his appearance before the Registry of this
Court on 25.11.2021. Thereafter, he 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 applicant in this
behalf by that Court, till disposal of the instant revision. It is made
clear that fine sentence is not suspended.
List this case for further orders in due course.
Sd/-
Bini (N.K. Chandravanshi)
Judge
