Motilal vs State Of Chhattisgarh
2021 Latest Caselaw 3568 Chatt

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                                                                                 NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRR No. 916 of 2021


1.   Motilal S/o Tulsi Kewat, Aged About 37 Years, R/o Village Changeri, P.S.
     Marwahi, District Gourela- Pendra- Marwahi (C.G.).
                                                                          ----Applicant
                                                                                (In Jail)
                                      Versus
2.   State Of Chhattisgarh, Through Station House Officer, Police Station
     Marwahi, District Gourela- Pendra- Marwahi (C.G.).
                                                                    ---- Respondent

08/12/2021 Mr. Vinod Kumar Tekam, Counsel for the applicant.

Mr. C.B. Kesharwani, 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, 1973 is to the judgment dated 26/11/2021 passed by Additional Judge Sessions Judge Pendraroad, District Bilaspur (C.G.) in

Criminal Appeal No. 01/2021 whereby the appeal of the applicant filed against the judgment dated 08/12/2020 of Judicial Magistrate First Class Marwahi, District Bilaspur (C.G.) in Criminal Case No. 66/2018 convicting and sentencing him under Sections 341 & 324 of Indian Penal Code, has been partly allowed and his sentences were modified as under:-

Conviction Sentence Under Section 341 of Indian S.I. for 1 month and fine of Rs. 100/- Penal Code (in short "IPC).

Under Section 324 IPC. R.I. for 6 months and fine of Rs. 1,000/-

(Both the sentences were directed to run concurrently)

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 06 months 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 06 months awarded to the applicant, 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 shall 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