Toran Bandhe vs State Of Chhattisgarh
2021 Latest Caselaw 3240 Chatt

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                                                                                NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                CRR No. 840 of 2021


1.    Toran Bandhe S/o Shri Mangaldas, Aged About 32 Years, Occupation
      Farmer, R/o Village Murkuta, Police Station Nandghat, District Bemetara
      (C.G.).
                                                                         ----Applicant
                                                                               (In Jail)
                                        Versus
2.    State Of Chhattisgarh, Through Station House Officer, Police Station
      Nandghat, District Bemetara (C.G.).
                                                                     ---- Respondent

18/11/2021 Mr. Amit Kumar Chaki, Counsel for the applicant.

Mr. Adil Minhaj, Govt. Advocate for the State.

Heard on admission.

The revision is admitted for hearing.

Issue notice to the respondent on revision petition, as per rules.

Call for the records of both the Courts below.

Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the applicant.

Challenge in this revision filed under Section 397/401 of Code of Criminal Procedure, 1973 is to the judgment dated 10/11/2021 passed by 1st Additional Judge Sessions Judge, District Bemetara (C.G.) in Criminal

Appeal No. CRA No. 28/2021 upholding the judgment dated 30/07/2021 of Chief Judicial Magistrate, Bemetara, District Bemetara (C.G.) in Criminal Case No. 242/2017 convicting and sentencing the applicant as under:-

Conviction Sentence Under Section 354 of Indian R.I. for 2 years and fine of Rs. 1,000/-, Penal Code (in short "IPC). in default of payment of fine additional R.I. for 1 month.

Counsel for the applicant submits that the impugned judgment is per se illegal and not based on proper appreciation of the evidence as required under the law. The applicant has been awarded the maximum sentence of 02 years. The applicant was on bail during trial and did not misuse the liberty. Even after the pronouncement of the impugned judgment, he has been granted bail for a limited period. The disposal of this revision petition is likely to take some time, therefore, the applicant he may be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, short sentence of 2 years awarded to the applicant, he is in jail since 10/11/2021, he was on bail during trial and did not misuse the liberty, 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 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 this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant