Jeevrakhan Dhobi vs State Of Chhattisgarh
2021 Latest Caselaw 2979 Chatt

                                                                                        NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     CRR No. 774 of 2021

   Jeevrakhan Dhobi, S/o Jeevanlal Dhobi, aged about 35 Years, R/o -Village Kusmi,
    Police Station and Tahsil-Berla, District -Bemetara, Chhattisgarh.

                                                                                 ---- Petitioner

                                                Versus

   State of Chhattisgarh, Through the District Magistrate, Bemetara, District
    Bemetara, Chhattisgarh.

                                                                             ---- Respondent

29/10/2021 Mr. Shivendu Pandya, counsel for the petitioner.

Dr.(Ms.) Veena Nair, Deputy A.G. for the State.

Heard.

The revision petition is admitted for hearing.

Call for record of the Courts below.

Heard on I. A. No. 01/2021 application for suspension of sentence and grant of bail to the petitioner.

This revision petition has been filed under Section 397 read with Section 401 of Cr.P.C against the judgment dated 05.10.2021 passed by the First Additional Sessions Judge, Bemetara, District Bemetara, C.G. in Criminal Appeal No. 26/2020 upholding the judgment dated 29.02.2020 passed by Judicial Magistrate First Class, District Bemetara, C.G. in Criminal Case No. 2100669/2014 convicting and sentencing the petitioner in the following manner:-

Conviction Sentence

Under Section 325 of Indian Penal S.I. for 2 years and fine of Rs.2,000/- Code and additional 1 month S.I. in default of payment of fine.

Under Section 452 of Indian Penal S.I. for 2 years and fine of Rs.2,000/- Code and additional 1 month S.I. in default of payment of fine.

Under Section 323 of Indian Penal S.I. for 1 year Code

Under Section 294 of Indian Penal Fine amount of Rs.500/- and Code additional 1 month S.I. in default of payment of fine

It is submitted on behalf of the petitioner, that the conviction against the petitioner is erroneous and without proper appreciation of the evidence of prosecution and as such, not sustainable. It is submitted that the petitioner was on bail during trial as also during pendency of the appeal and did not misuse the liberty granted to him.

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

Considering the facts & circumstances of the case, the fact that the petitioner has been sentenced for short period of two years simple imprisonment, he was on bail during trial as well as during pendency of appeal and he did not misuse the liberty granted to him, he is 35 years old, final disposal of this revision is likely to take some time, without commenting anything on merits of the case, the application is allowed.

It is directed that the jail sentence imposed upon the petitioner 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. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the trial court for his appearance before the Registry of this Court on 16 th of December, 2021. He shall thereafter 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 the matter for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge Akhilesh