Hitendra Chalaki vs State Of Chhattisgarh
2021 Latest Caselaw 2663 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                         Criminal Revision No.551 of 2021

• Hitendra Chalaki S/o Shri Chainsai Chalaki Aged About 20 Years R/o
  Village - Jaitaloor, Totapara, Police Station - Beejapur, District- Beejapur
  (Chhattisgarh)

                                                                     ---- Applicant

                                       Versus

• State Of Chhattisgarh Through The District Magistrate Beejapur, District -
  Beejapur (Chhattisgarh)

                                                                  ---- Respondent

01.10.2021 Shri Parasmani Shriwas, counsel for the applicant.

Smt. Seema Dixit, Panel Lawyer for the State/ respondent.

Heard on admission.

Admit.

Issue notice to the respondent.

Learned counsel for the State accepts notice on behalf of the State.

Also heard on IA No.01/2021 for suspension of sentence and grant of bail to the applicant during the pendency of the revision.

The applicant has been convicted and sentenced by the Chief Judicial Magistrate, Bijapur Distt. Bijapur (CG) in Criminal Case No.419/2015 in the following manner:-

    Conviction          Sentence             Fine    In default of
     U/S                                            payment of fine

 304A IPC         Rigorous                Rs.1000/- RI for 01 month
                  imprisonment      for
                  01 year

 146/196 Motor             ----           Rs.1000/- RI 15 days
 Vehicle Act

In an appeal (Cr.A. No.06/2017) the learned Additional Sessions Judge (FTC), South Bastar Dantewada (CG) vide judgment dated 19.8.2021 upheld the judgment of conviction and order of sentence passed by the trial Court.

Learned counsel for the applicant submits that the applicant was on bail during the trial and during the appeal and he has not misused the bail granted to him. He is in jail since 19.8.2021, i.e. from the date of judgment of the appellate Court. He further submits that there is no likelihood of this revision being heard finally in near future, therefore, sentence awarded to the applicant may be suspended and he may be released on bail.

Per contra, learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the documents available on record.

After considering the statement made by both the parties and after perusal of the impugned judgment as well as the judgment of the trial court and further considering the fact that the applicant was on bail during trial and appeal, as stated by his counsel, and further for the reason that there is no likelihood of this revision being heard finally in near future, I am of the opinion that this is a fit case to suspend the sentence and release the applicant on bail.

Accordingly, the bail application (IA No.01/2021) is allowed. It is directed that substantive jail sentences 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.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 25.11.2021. Thereafter, he shall appear before the concerned trial Court on a date given by the Registry of this Court and on all such subsequent dates as would be given to the applicant in this behalf by that Court, till disposal of the instant revision. It is made clear that fine sentence is not suspended.

List this case for further orders in due course.

Sd/-

(N.K. Chandravanshi) Judge

Bini