Shankar Lal Rajak vs State Of Chhattisgarh
2021 Latest Caselaw 3801 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                               CRR No. 947 of 2021
Shankar Lal Rajak, S/o Shri Buddhdev, Aged About 50 Years, R/o Village - Hukara,
Police Station & Tahsil - Katghora, District - Korba (C.G.)
                                                                   ---- Applicant
                                     Versus
State of Chhattisgarh, through the District Magistrate, Kabeerdham, District-
Kabeerdham (C.G.)
                                                                ---Respondent

20.12.2021 Mr. Sunil Sahu, counsel for the applicant.

Mr. Anand Verma, Govt. Advocate for the State/respondent. This criminal revision has been filed being aggrieved by the judgment dated 09.12.2021 passed by the learned Additional Judge to the Court of Additional Sessions Judge, Kabeerdham, District- Kabeerdham (C.G.) in Criminal Appeal No. 05/2020 upholding the judgment dated 08.01.2020 passed by Chief Judicial Magistrate, Kawardha, District- Kabeerdham (C.G.) in Criminal Case No. 1253/2015, whereby the applicant has been convicted and sentenced in the following manner:-

                    Conviction                             Sentence
              U/s 420 of IPC              : R.I. for 3 years and fine of Rs. 200/- and
                                            in default of payment of fine additional
                                         S.I. for 3 months.

It is submitted on behalf of the applicant that the applicant was on bail during pendency of trial and also during pendency of appeal and he has not misused the liberty granted to him. The applicant has been erroneously convicted. There is likelihood of delay in final hearing of this revision petition, hence, it is prayed that the application for

suspension of sentence and grant of bail may be allowed.

Considered on the submissions. The sentence imposed upon the applicant is three years R.I. and he has already suffered jail sentence of 513 days i.e. more than 1 year and 4 months and there is likelihood of delay in final hearing of this revision petition, I feel inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the applicant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 18th 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 the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

Arun