Chattisgarh High Court
Krishna Patel vs State Of Chhattisgarh on 17 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Proceedings through Video Conferencing
Criminal Revision No.518 of 2021
1. Krishna Patel S/o Jharokha Patel Aged About 40 Years R/o Daniya, P.S. Bori,
Dist. Durg Chhattisgarh.
2. Jitendra Kumar S/o Komal Ram Vishwakrma Aged About 30 Years R/o. Vill.
Sonesar, P.S. Dhamdha, Dist Dhamdha (Wrongly Mentioned), Distt. Durg
Chhattisgarh.
3. Dwarika Patel S/o Bhoj Ram Patel Aged About 32 Years R/o. Vill. Sonesar,
P.S. Dhamdha, Dist Dhamdha (Wrongly Mentioned), Distt. Durg Chhattisgarh.
4. Naresh Nishad S/o Anklha Nishad Aged About 30 Years R/o. Vill. Sonesar,
P.S. Dhamdha, Dist Dhamdha (Wrongly Mentioned), Distt. Durg Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh Through District Magistrate, Distt.- Durg Chhattisgarh.
---- Respondent
17.8.2021 Shri Uttam Pandey, counsel for the applicants.
Shri Devesh Verma, Govt. Advocate for the State/respondent.
The case is listed for orders on default.
Learned counsel for the applicants submits that he has filed
certified copy of the impugned judgment dated 06.8.2021 passed by 8th
Additional Sessions Judge, Durg, thereby default has been removed.
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 applicants during the pendency of the revision.
The applicants have been convicted and sentenced by the
Judicial Magistrate First Class, Durg, Distt. Durg in CIS No.2213/2014
in the following manner:-
Conviction U/S Sentence Fine In default of
payment of Fine
452 IPC Rigorous Rs.500/- RI for 15 days
imprisonment for 01
year
323/34 IPC Rigorous Rs.500/- RI for 15 days
imprisonment for 06
months
In an appeal (Cr.A. No.43/2020), the learned appellate Court
vide judgment dated 06.8.2021 upheld the judgment of conviction and
sentence passed by the trial Court.
Learned counsel for the applicants submits that the applicants
were on bail during the trial and after the judgment of the appellate
Court they are in jail since 06.8.2021. He further submits that the
applicants have a good case and there is no likelihood of this revision
being heard in near future, therefore, sentence awarded to the
applicants may be suspended and they 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 applicants and
considering the fact that the applicants were on bail during trial and
appeal, as stated by their 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 applicants on bail.
Accordingly, the bail application (IA No.01/2021) 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 each of them furnishing a personal bond in
the sum of Rs.25,000/- with one surety each in the like sum to the
satisfaction of the concerned trial Court for their appearance before the
Registry of this Court on 08.12.2021. 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.
List this case for further orders in due course.
Sd/-
(N.K. Chandravanshi)
Judge
Bini
