Chattisgarh High Court
Basant Lal Yadav vs State Of Chhattisgarh on 19 August, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Proceedings through Video Conferencing
Criminal Revision No.484 of 2021
1. Basant Lal Yadav S/o Sonsay Yadav Aged About 36 Years R/o Amarpur,
Thana - Katghora, Distt.- Korba (Chhattisgarh)
2. Ratan Lal Dhobi S/o Anand Ram Dhobi Aged About 30 Years R/o Dhawaipur,
Janjra, Thana - Katghora, Distt.- Korba (Chhattisgarh)
---- Applicants
Versus
• State Of Chhattisgarh Through Thana - Kotwali, Distt.- Korba
(Chhattisgarh)
---- Respondent
19.8.2021 Shri Samir Singh, counsel for the applicants.
Shri Wasim Miyan, Panel Lawyer 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 applicants during the pendency of the revision.
The applicants have been convicted and sentenced by the Chief
Judicial Magistrate, Korba Distt. Korba (CG) in Criminal Case
No.372/2013 in the following manner:-
Conviction U/S Sentence Fine In default of
payment of Fine
419 IPC Rigorous Rs.2000/- SI for 03
imprisonment for 03 months
years
420 IPC Rigorous Rs.2000/- SI for 03
imprisonment for 03 months
years
467 IPC Rigorous Rs.2000/- SI for 03
imprisonment for 03 months
years
468 IPC Rigorous Rs.2000/- SI for 03
imprisonment for 03 months
years
471/34 IPC Rigorous Rs.2000/- SI for 03
imprisonment for 03 months
years
In an appeal (Cr.A. No.11/2019), the learned appellate Court
vide judgment dated 27.7.2021 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 27.7.2021. He further submits that the
applicants have a good case on merit and they have been awarded
maximum sentence of three years. The applicants have not misused
the bail granted to them during the time of trial and also appeal 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.
The applicants have been convicted for maximum sentence upto
three years and the sentences imposed upon them has been directed
to be run concurrently. 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 sentences 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 10.12.2021. 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
Bini
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
