Virendra Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2051 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                 Proceedings through Video Conferencing

                        Criminal Revision No.540 of 2021

    • Virendra Sahu Son Of Ramsahay Sahu Aged About 40 Years
      Resident Of Village Patora, Police Station Utai, District Durg
      (Chhattisgarh)

                                                                      ---- Applicant

                                       Versus

    • State Of Chhattisgarh Through District Magistrate, Durg, District Durg
      (Chhattisgarh)

                                                                 ---- Respondent

27.8.2021 Shri Punit Ruparel, counsel for the applicant.

Shri Devesh Verma, 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 for the offence punishable under Section 325 IPC and sentenced to undergo simple imprisonment for one year and to pay fine of 100/-, in default of payment of fine, to further undergo simple imprisonment for one month by learned Judicial Magistrate First Class, Durg on 11.02.2020 in Criminal Case No.8129/14. Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (Cr.A. No.70/2020) before Sessions Judge, Durg (Distt. Durg). The learned Sessions Judge, by the impugned judgment dated 13.8.2021, while maintaining the conviction of the applicant, modified the jail sentence in the following manner.

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

    325 IPC          Simple imprisonment      Rs.100/-    SI   for     one
                     for 06 months                        month

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 13.8.2021. 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 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 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 in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 24.11.2021. 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