Devendra Kumar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3668 Chatt

                                                                                     NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                  CRR No. 928 of 2021

   Devendra Kumar Sahu, S/o Late Jivrakhan, aged about 24 Years, R/o Village
    Khamariya, Police Station Sihawa, District Dhamtari, Chhattisgarh.

                                                                              ----Applicant

                                         Versus

   State of Chhattisgarh, Through Station House Sihawa, Tahsil Nagri, District
    Dhamtari, Chhattisgarh.

                                                                           ---- Respondent

13/12/2021 Mr. R.S. Patel, counsel for the applicant.

Dr. (Ms.) Veena Nair, Deputy A.G. for the State.

Heard on admission.

The revision is admitted for hearing.

Call for the record of the Courts below.

Also heard on I.A. No. 01/2021, application for suspension of

sentence and grant of bail to the applicant.

Challenging this revision filed under Section 397/401 of Code of

Criminal Procedure to the judgment dated 02.12.2021 passed by

Additional Sessions Judge (F.T.C.), Dhamtari, C.G. in Criminal Appeal No.

22/2018, upholding the order dated 20.04.2018 of the Judicial Magistrate

First Class, Nagri, District Dhamtari, C.G. in Criminal Case No. 346/2016

whereby the applicant has been convicted and sentenced as under:- :-

Conviction Sentence Under Section 304A of Indian R.I. for one month and fine of Rs. Penal Code (in short "IPC). 5,000/-, in default of payment of fine additional S.I. for 01 month Under Section 146/196 of the Fine of Rs. 1,000/-, in default of Motor Vehicles Act, 1988 payment of fine additional S.I. for 10 days Under Section 3/181 of the Fine of Rs.500/-, in default of Motor Vehicles Act, 1988 payment of fine additional S.I. for 5 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 1 year. He was on bail during trial and did not misuse the

liberty. He has already deposited the entire fine amount with the

concerned trial Court and disposal of this revision petition is likely to take

some time, therefore, the applicant he 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 one year awarded to the applicant, the detention period of the

applicant, who is 24 years old, the applicant has already deposited the

entire fine amount with the concerned trial Court, 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 16th 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

Akhilesh