Rakesh Kumar Markam vs State Of Chhattisgarh
2021 Latest Caselaw 2009 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                     Proceedings through Video Conferencing

                         Criminal Revision No.515 of 2021

    • Rakesh Kumar Markam S/o Bhuwan Lal Aged About 30 Years R/o Village
      Kachharpara, Police Station Sihava, District Dhamtari Chhattisgarh

                                                                         ---- Applicant

                                       Versus

    • State Of Chhattisgarh Through District Magistrate, Dhamtari District
      Dhamtari Chhattisgarh

                                                                       ---- Respondent

25.8.2021 Shri Pushpendra Kumar Patel, counsel for the applicant.

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 applicant during the pendency of the revision.

The applicant has been convicted and sentenced by the Judicial Magistrate First Class, Nagar, Distt. Dhamtari (CG) in Criminal Case No.144/2018 in the following manner:-

Conviction U/S Sentence Fine In default of payment of Fine

323 IPC Till rising of the Court Rs.1000/- SI for 10 days 325 IPC Rigorous Rs.500/- SI for 05 days imprisonment for 06 months

In an appeal (Cr.A. No.43/2019), the learned appellate Court vide judgment dated 02.8.2021 upheld the judgment of conviction and order of 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 02.8.2021. He further submits that the applicant has a good case on merit and he has not misused the bail granted to him 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 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.

Considering the fact that the applicant was 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 applicant on bail.

Accordingly, the bail application (IA No.01/2021) is allowed. It is directed that substantive jail sentences 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 each in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 10.11.2021. 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/-

(N.K. Chandravanshi) Judge

Bini