Citation : 2021 Latest Caselaw 2906 Chatt
Judgement Date : 26 October, 2021
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No. 729 of 2021
Deendayal @ Deenu, son of Budhram Yadav, aged about 36 years, resident of
Sevra, Police Station Pendra, District Gourela-Pendra-Marwahi, Chhattisgarh
----- Applicant/Petitioner
versus
The State of Chhattisgarh, Through Station House Officer, Police Station Pendra,
District Gourela-Pendra-Marwahi, Chhattisgarh
----- Respondent
26/10/2021 Shri Avinash Chand Sahu, Advocate for the applicant.
Shri Chitendra Singh, Panel Lawyer for the State.
Heard.
Admit.
Also heard on I.A. No. 1 of 2021, application for suspension of sentence
and grant of bail to the applicant.
This revision has been filed under Section 397 read with Section 401 of
Cr.P.C. against the judgment dated 14.09.2021 passed by Additional Sessions
Judge, Pendraroad, District Bilaspur, (C.G.) in Criminal Appeal No. 06/2021
whereby the judgment dated 07.03.2020 passed by the Acting Chief Judicial
Magistrate, Gourela-Pendra-Marwahi in Criminal Case No. 339/2016 has been
upheld.
By the judgment dated 07.03.2020, the applicant has been convicted for
the offence punishable under Section 451 of IPC & sentenced to undergo R.I. for
six months with fine of Rs.100/-, in default of payment of fine to further undergo
R.I. for one month and Section 354 of IPC & sentence to undergo R.I. for one
year with fine of Rs.100, in default of payment of fine to further undergo R.I. for
one month. It is also directed that both the sentences to run concurrently.
Having heard learned counsel for the parties, having regard to the facts
and circumstances of the case, the short jail sentence awarded to the applicant,
he was on bail during trial as well as during pendency of appeal, he did not
misuse the liberty granted to him and that disposal of the revision is likely to take
some time, without commenting anything on merits of the case, the application
(I.A. No. 1/2021) 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. He shall appear before the Trial Court on 20th December, 2021 and
thereafter continue to appear there on all such dates as are given to him by the
said Court till disposal of this revision.
Certified copy today.
In view of the above, I.A. No. 03/2021, application for grant of temporary
bail is disposed of.
Sd/-
(Gautam Chourdiya) Judge
vatti
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