Ravi Ram Dom vs State Of Chhattisgarh
2021 Latest Caselaw 3107 Chatt

                                                                                  NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                    CRR No. 410 of 2021

   Ravi Ram Dom, S/o Shri Bihari Ram, aged about 34 Years, R/o Patratoli,
    Sukbasupara, P.S.- Duldula, District- Jashpur, Chhattisgarh.

                                                                            ----Applicant

                                           Versus

   State of Chhattisgarh, Through Station House Officer, Police Station- Duldula,
    District- Jashpur, Chhattisgarh.

                                                                         ---- Respondent

11/11/2021 Ms. Vijay Laxmi Shroff, counsel for the petitioner.

Mr. Afroz Khan, P.L. for the State.

Learned counsel for the applicant submits that the default has

already been removed, default as pointed out by the Office stands cured.

Heard on admission.

The revision petition is admitted for hearing.

Call for record of the Courts below.

Heard on I. A. No. 01/2021 application for suspension of sentence

and grant of bail to the petitioner.

The applicant was convicted under Sections 354 and 354 (A)(1)(i) of

Indian Penal Code and sentenced to undergo R.I. for 2 years, fine of

Rs.200/- and in default thereof to undergo S.I. for 2 months on each count

by the Judicial Magistrate First Class, Kunkuri, District Jashpur, C.G. vide

judgment dated 18.06.2019 passed in Criminal Case No.577/2017. In appeal, the Additional Sessions Judge Kunkuri, District Jashpur,

C.G. vide impugned judgment dated 22.03.2021 passed in Criminal Appeal

No.22/2019 while maintaining conviction of the applicant under Sections

354 and 354 (A)(1)(i) of IPC, though maintained the sentence awarded by

the trial Court under Section 354 of IPC but set aside the jail sentence as

well as the fine sentence imposed under Section 354(A)(1)(i) of IPC.

Hence, the applicant has filed this revision petition under Section 397 read

with Section 401 of Cr.P.C.

It is submitted on behalf of the petitioner, that the conviction against

the petitioner is erroneous and without proper appreciation of the evidence

of prosecution and as such, not sustainable. It is submitted that the

petitioner was on bail during trial as also during pendency of the appeal

and did not misuse the liberty granted to him.

Per contra, learned counsel for the State opposes the bail

application.

Considering the facts & circumstances of the case, the fact that the

petitioner has been sentenced for short period of two years rigorous

imprisonment, he was on bail during trial as well as during pendency of

appeal and he did not misuse the liberty granted to him, he is 34 years old,

final disposal of this revision is likely to take some time, without

commenting anything on merits of the case, the application is allowed.

It is directed that the jail sentence imposed upon the petitioner 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 on 12 th

January, 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

disposal of this revision.

List the matter for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

Akhilesh