Krishna Kumar Verma vs State Of Chhattisgarh
2021 Latest Caselaw 2094 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                                Order Sheet

                             Proceedings through Video Conferencing

                                            CRR No.522 of 2021

             Krishna Kumar Verma S/o Baldev Verma, aged about 35 years, R/o Near Nag Mandir,
             Ghasidas Nagar, P.S. Jamul, District Durg (C.G.)
                                                                              ----- Applicant

                                                        Versus

             State of Chhattisgarh, Through : District Magistrate, Durg, District Durg (C.G.)
                                                                                      ----- Respondent

01/09/2021 Shri Jitendra Gupta, counsel for the applicant.

Shri Vaibhav Kartikeya Agrawal, P.L. for the State.

Counsel for the applicant filed certified copy of the impugned judgment with covering memo.

In view of above, counsel for the applicant submits that he does not want to press I.A. No.2/2021 application for exemption from filing the certified copy of the judgment.

I.A. No.2/2021 is dismissed as not pressed.

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

Vide judgment dated 06/03/2021 passed by the Judicial Magistrate First Class, Durg (C.G.) in Criminal Case No. 4772/2014 applicant has been convicted under Section 354 of IPC and sentenced to undergo Rigorous Imprisonment for one year and pay fine of Rs.100/-, in appeal preferred by the applicant learned Sessions Judge vide judgment dated 27/07/2021 passed in Criminal Appeal No. 79/2021 dismissed the appeal and upheld the judgment of conviction and order of sentence passed by the Judicial Magistrate First Class, Durg.

Learned counsel for the applicant submits that applicant is in jail since date of judgment of appellate Court i.e. on 27/07/2021, he was on bail during trial and appeal also. He further submits that this criminal revision is arguable and maximum period of sentence is one year and also 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 enlarged on bail.

Per contra, learned State counsel opposes the bail application.

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

Considering the fact that the applicant was on bail during trial and appeal, as stated by their counsel, and further for the reason 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 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 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 15/12/2021. 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.

Call for record of the Court below.

List this case for further orders in due course.

Sd/-

(N.K. Chandravanshi) JUDGE Kamde