Citation : 2021 Latest Caselaw 3788 Chatt
Judgement Date : 17 December, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 965 of 2021
Anil Kumar Ram, S/o Kanhaiya Ram, aged about 35 Years, R/o N.T.P.C. Mohan
Takij Road, Thana and Tahsil Darri, District Korba (Chhattisgarh).
----Applicant
Versus
State of Chhattisgarh, Through Police Station Balco Nagar, District Korba
(Chhattisgarh).
---- Respondent
17/12/2021 Shri Vikas Kumar Pandey, counsel for the applicant.
Shri C.B. Kesharwani, P.L. 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 10.12.2021 passed by
Additional Sessions Judge (FTC) Korba, District Korba, C.G. in Criminal
Appeal No. 14/2021, upholding the order dated 25.02.2021 of the Judicial
Magistrate First Class, District Korba, C.G. in Criminal Case No. 2735/2015
whereby the applicant has been convicted and sentenced as under:- :-
Conviction Sentence Under Section 354 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 one month Uner Section 323 of IPC R.I. for six months and fine of Rs.
500/-, 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 35 years old 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
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