Ramlal Sanvara vs State Of Chhattisgarh
2021 Latest Caselaw 2914 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRR No. 759 of 2021


1.   Ramlal Sanvara S/o Shri Jogendra Sanvara, Aged About 43 Years, R/o
     Village Pirda, Police Station Basna, District Mahasamund (C.G.).
                                                                        ----Applicant
                                       Versus
2.   State Of Chhattisgarh, Through District Magistrate Mahasamund, District
     Mahasamund (C.G.).
                                                                    ---- Respondent

27/10/2021 Mr. Arun Kumar Shukla, Counsel for the applicant.

Dr. (Ms.) Veena Nair, Dy. Advocate General 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 08/10/2021 passed by 1st Additional Judge Sessions Judge Mahasamund, District Mahasamund (C.G.) in Criminal Appeal No. CRA No. H-59/2016 whereby the appeal of

the appellant filed against the judgment dated 10/06/2016 of Judicial Magistrate First Class in Criminal Case No. 409/2013 convicting and sentencing him under Sections 452, 324 & 326 of Indian Penal Code, has been partly allowed and his sentence were modified as under:-

Conviction Sentence Under Section 452 of Indian Penal S.I. for 1 year and fine of Rs. Code (in short "IPC). 100/-, in default of payment of fine additional S.I. for 1 month.

Under Section 324 IPC. S.I. for 6 months.

Under Section 326 IPC. S.I. for 2 years and fine amount of Rs. 1,000/-, in default of payment of fine additional S.I. for 15 days.

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, he has already been deposited the entire fine amount and 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 has remained in jail 01 year and 20 days and has already deposited the entire fine amount, 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 10th January, 2022. He shall thereafter continue to 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