Aabid Khan vs State Of Chhattisgarh
2021 Latest Caselaw 3564 Chatt

                                                                             Page 1 of 3

                                                                                 NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               CRR No. 918 of 2021


1.   Aabid Khan S/o Late Abdul Sahid, Aged About 40 Years, R/o Haldibadi, Tina
     Dafai Chirmiri, Police Station Chirmiri, District Koriya (C.G.).
                                                                          ----Applicant
                                                                                (In Jail)
                                      Versus
2.   State Of Chhattisgarh, Through Police Station Chirmiri, District Koriya
     (C.G.).
                                                                    ---- Respondent

08/12/2021 Mr. Akhtar Hussain, Counsel for the applicant.

Mr. Rahim Ubwani, P.L. for the State.

Heard on admission.

The revision is admitted for hearing.

Issue notice to the respondent on revision petition.

State Counsel accepts notice on behalf of respondent.

Call for the records of both the Courts below.

Also, heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the applicant.

Challenge in this revision filed under Section 397/401 of Code of Criminal Procedure to the judgment dated 29/11/2021 passed by 1st

Additional Sessions Judge, Manendragarh, District Koriya (C.G.) in Criminal Appeal No. 25/2019, upholding the judgment dated 18/02/2019 of Judicial Magistrate First Class, Baikunthpur at Chirmiri (C.G.) in Criminal Case No. 240/2018 whereby the applicant has been convicted and sentenced as under:- :-

Conviction Sentence Under Sections 407 & 408 of R.I. for 2-2 years and fine of Indian Penal Code (in short Rs. 100-100/-, in default of payment of "IPC). fine additional S.I. for 10-10 days.

Counsel for the applicant submits that the impugned judgment is per se illegal and not based on proper appreciation of the evidence as required under the law. The applicant has been awarded the maximum sentence of 02 years. The applicant was on bail during trial and did not misuse the liberty and disposal of this revision petition is likely to take some time, therefore, the applicant may be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, short sentence of 02 years awarded to the applicant, he is in jail for the last more than 6 months, he was on bail during trial and did not misuse the liberty and disposal of the revision is likely to take sometime, without expressing anything on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the applicant and to release him on bail.

Accordingly, the application (I.A. No. 01/2021) is allowed.

It is directed that the execution of substantive jail sentence 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. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 28th February, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and then continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this revision.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant