Arjun Durga vs State Of Chhattisgarh
2021 Latest Caselaw 3426 Chatt

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                                                                             NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                          CRR No. 881 of 2021

Arjun Durga S/o Bise Durga Aged About 25 Years R/o Shankar Para, Udiya
Mohalla, Station Maroud, Police Station Newai, District Durg, Chhattisgarh.,
District : Durg, Chhattisgarh

                                                                  ---- Petitioner

                                  Versus

State Of Chhattisgarh Through District Magistrate, District Durg, Chhattisgarh.,
District : Durg, Chhattisgarh

                                                                ---- Respondent

01/12/2021 Ms. Priya Sharma, counsel for the revisioner/applicant.

Dr. Veena Nair, Dy. A.G. for the State.

Heard on admission.

Revision is admitted for hearing.

Call for records of the Court below.

Also heard on IA No.1/21 which is an application for suspension of sentence and grant of bail.

The applicant has been convicted under Sections 457, 380 IPC and sentenced to undergo imprisonment for 6 months vide judgment of conviction and order of sentence dated 30.10.2021 passed in Criminal Appeal No.205 of 2021 by learned Sessions Judge, Durg (CG).

Learned counsel for the applicant submits that maximum jail sentence imposed by the Appellate Court is of 6 months. Applicant

is in jail since 30.10.2021 and thereby completed one month of his substantive jail sentence. There is every likelihood of succeeding in this revision. Hence, the jail sentence be suspended during pendency of this revision and applicant may be released on bail.

On the other hand, learned counsel for the State opposed the application.

On due consideration of submissions of learned counsel for parties, particularly considering short period of sentence imposed upon the revisioner/applicant, I consider it to be an appropriate case to suspend the substantive jail sentence of applicant.

Accordingly, IA No.1 of 2021 is allowed. It is directed that the substantive jail sentence imposed upon the applicant shall remain suspended during pendency of the revision and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 1 st February 2022. Thereafter, he shall appear before the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this revision.

List the revision for final hearing in due course.

Sd/---/-/-

(Parth Prateem Sahu) Judge

Praveen