Ramkishan Yadav vs The State Of Chhattisgarh
2021 Latest Caselaw 2701 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR

                                                 Order Sheet

                                                CRR No. 679 of 2021

             Ramkishan Yadav, S/o Harisingh Yadav, Aged About 52 Years R/o Ward No. 42,
             Basantpur, Thana Basantpur, District Rajnandgaon Chhattisgarh.
                                                                            ----- Applicant

                                                         Versus

             The State Of Chhattisgarh, Through Police Station Dongargarh, District Rajnandgaon
             Chhattisgarh.
                                                                              ----- Respondent

05/10/2021 Shri Parag Kotecha, counsel for the applicant.

Shri Wasim Miyan, Panel Lawyer for the State.

Heard on admission.

Admit.

Issue notice to the respondent.

State counsel accepts notice on behalf of the State/respondent, therefore, notice need not be issued.

Call for the record of the Court below.

Also heard on I.A. No. 1/2021 application for suspension of sentence and grant of bail.

This criminal revision has been filed being aggrieved by the judgment dated

27/09/2021 passed by the Additional Sessions Judge, Dongargarh, District Rajnandgaon

(C.G.) in Criminal Appeal No. 25/2019 upholding the judgment dated 27/09/2019 passed

by the Additional Chief Judicial Magistrate, Dongargarh, District Rajnandgaon (C.G.) in

Criminal Case No. 625/2013, whereby the applicant has been convicted and sentenced in

the following manner :-

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

279 of IPC                         -            1000/-                  S.I. for 2 months

338 of IPC              S.I. for 6 months       500/-                   S.I. for 1month

Learned counsel for the applicant submits that applicant was on bail during trial and

appeal also, he has not misused bail granted to him. Looking to the short sentence

awarded to the applicant and also there is no likelihood of this revision being heard finally

in near future, therefore, he prays that sentence awarded to the applicant may be

suspended and he may be enlarged on bail.

Per contra, learned State counsel opposes the prayer for suspension of sentence

and grant of bail.

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

record.

After considering the submissions made by counsel for the applicant and perusal of

the impugned judgment and also the judgment of the trial Court, looking to the short term

sentence awarded to the applicant and considering the fact that there is no likelihood of

this revision being heard finally in near future, therefore, 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 (I.A.No.1/2021) 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 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 09/12/2021. 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.

List this case for further orders in due course.

Sd/-

(N.K. Chandravanshi) JUDGE

Kamde