Chattisgarh High Court
Mahendra Sinha vs State Of Chhattisgarh on 7 October, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 698 of 2021
• Mahendra Sinha S/o Late Shri Jethuram Sinha Aged About 35 Years R/o Village-
Halba, Police Outpost- Halba, Police Station Narharpur, District- North Baster
Kanker, Chhattisgarh., District : Kanker, Chhattisgarh
---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate, North Baster Kanker,
District- Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh
---- Respondent
07.10.2021 Shri Sunil Sahu, counsel for the applicant.
Shri Dinesh Tiwari, Dy. Govt. Advocate 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, Kanker (CG) in Criminal Case
No.359/2018 in the following manner:-
Conviction Sentence Fine In default of
U/S payment of fine
451 IPC Rigorous Rs.500/- RI for 01 month
imprisonment for
02 years
354 IPC Rigorous Rs.500/- RI for 01 month
imprisonment for
02 years
323 IPC --- Rs.500/- RI for 01 month
509 IPC Simple Rs.500/- RI for 01 month
imprisonment for
02 years
In an appeal (Cr.A. No.09/2020) the learned First Additional
Sessions Judge, Kanker, Distt. North Bastar Kanker (CG) vide
judgment dated 30.9.2021 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 30.9.2021 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 10.12.2021.
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. 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
