Kuldeep Singh vs State Of Chhattisgarh
2021 Latest Caselaw 3802 Chatt

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               HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                             CRR No. 809 of 2021
1.     Kuldeep Singh, S/o B.D. Kosewada Satnami, Aged About 28 Years, R/o
       Village- Bhendra, Police Station- Ranchirai, District- Balod (C.G.)
       Present R/o E.I.N.S. 32, Janta Market, Durg, Police Station-
       Padmanabhpur, District- Durg (C.G.)
2.     Bhimsen Markhande, S/o Mangaldas, Aged About 26 Years Caste Satnami,
       R/o Village- Umarpoti, Police Station- Utai, District Durg (C.G.)
3.     Padum Kumar, S/o Mangaldas, Aged About 32 Years, Caste- Satnami, R/o
       Village- Bhendra, Police Station- Ranchirai, District- Balod (C.G.)
                                                                      ---- Applicants
                                    Versus
 State of Chhattisgarh, through District Magistrate, District Dhamtari (C.G.)
                                                                     ---Respondent

20.12.2021 Mr. Sunil Sahu, counsel for the applicants.

Mr. Anand Verma, Govt. Advocate for the State/respondent. This criminal revision has been filed being aggrieved by the judgment dated 28.10.2021 passed by the learned Sessions Judge, Dhamtari (C.G.) in Criminal Appeal No. 53/2015 upholding the judgment dated 25.04.2015 passed by Chief Judicial Magistrate, Dhamtari, District- Dhamtari (C.G.) in Criminal Case No. 832/2013, whereby the applicants have been convicted and sentenced in the following manner:-

Conviction Sentence U/s 420/34 of IPC : R.I. for 3 years each and to pay a fine of Rs. 10,000/- each and in default of payment of fine to further undergo imprisonment for 6-6 months each.

It is submitted on behalf of the applicants that the applicants

were on bail during pendency of trial and also during pendency of appeal and they have not misused the liberty granted to them. The applicants have 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 applicants is three months R.I. each and they have already suffered jail sentence of 4 ½ 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 applicants shall remain suspended and they shall be released on bail on their executing a personal bond in sum of Rs. 25,000/- each with one surety each in the like sum to the satisfaction of trial Court for their appearance before the Registry of this Court on 17th February, 2022. They 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 them 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