Girish Dubey vs State Of Chhattisgarh
2021 Latest Caselaw 3787 Chatt

                                                                                  NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRR No. 959 of 2021

  Girish Dubey, S/o Late Shanti Kumar Dubey, aged about 31 Years, R/o Village
   Latuwa, P.S. Baloda Bazar, District Baloda Bazar, Chhattisgarh.

                                                                             ----Applicant

                                       Versus

  State of Chhattisgarh, Through Station House Officer, Police Station Gobra
   Nawapara, District Raipur, Chhattisgarh.

                                                                           ----Respondent

17/12/2021 Shri Satya Prakash Verma, counsel for the applicant.

Shri Adil Minhaj, Government Advocate 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 06.12.2021 passed by

Additional Sessions Judge Gariyaband, District Gariyaband, C.G. in

Criminal Appeal No. 29/2018, upholding the order dated 27.09.2018 of

the Judicial Magistrate First Class Rajim, District Gariyaband, C.G. in

Criminal Case No. 907/2008 whereby the applicant has been convicted

and sentenced as under:- :-

Conviction Sentence Under Section 304A of Indian R.I. for one year and fine of Rs. Penal Code (in short "IPC). 1,000/-, in default of payment of fine additional S.I. for 15 days

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 31 years old, the applicant has already deposited

the entire fine amount with the concerned trial Court 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