Ghanshyam Chandrakar vs State Of Chhattisgarh
2021 Latest Caselaw 2095 Chatt

                                                                                              NAFR

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Criminal Revision No. 246 of 2021

        Ghanshyam Chandrakar, son of Shri Beniram Chandrakar, aged about 49 years,
            resident of village Mokhala, P.S. Arang, District Raipur (C.G.)

                                                                            ----Applicants/accused

                                                 Versus

        State of Chhattisgarh, through: District Magistrate, Raipur, District Raipur (C.G.)

                                                                                  ---- Non-applicant




01/9/2021

Mr. Pushpendra Kumar Patel, counsel for the applicant.

Mrs. Seema Dixit, PL for the State / non-applicant.

Heard on I.A. No.1/2021, which is an application for suspension of sentence and grant of bail to the applicant during pendency of the revision.

The Judicial Magistrate, First Class, Raipur vide its judgment dated 07- 06-2019 passed in Criminal Case No. 521/2009 has convicted the applicant for the offence under Sections 420, 467 & 468 of the Indian Penal Code and sentenced him to undergo RI of three years with fine of Rs.2,000/-, on each count and has also convicted the applicant for the offence under Section 471 of the IPC and sentence him to undergo RI for two years with fine of Rs.2,000/-, with default stipulation. All the sentences were ordered to run concurrently. In appeal preferred by the applicant, learned Upper Sessions Judge /(Special Judge of Special Court for trial of CBI Cases), Raipur in Criminal Appeal No. 325/2019 vide impugned judgment dated 10.3.2021 upheld the conviction and sentence imposed by the trial Magistrate.

Counsel for the appellant submits that the applicant was on bail during trial and during pendency of the appeal also and he did not misuse the liberty of bail granted to him. Presently, he is in custody since 10.3.2021, the date of passing of the impugned judgment. There is no likelihood of the revision coming for hearing in near future, therefore, sentence awarded to the applicant may be suspended and he may be enlarged on bail.

Per contra, counsel for the State opposes the prayer for suspension of sentence and grant of bail.

Considering the submissions made by counsel for the parties and also perused the record of the trial Court. It is stated that applicant was on bail during trial and also at the appellate stage, the maximum sentence awarded to the applicant is of three years. There appears to be no likelihood of this revision being heard finally in near future.

Looking to the above facts, this court is of the opinion that it is a fit case in which substantive sentence imposed on applicant can be suspended and he can be enlarged on bail. Accordingly, the bail application I.A. No. 1/2021 is allowed. It is directed that substantive sentence imposed on the applicant/accused shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 10th December, 2021 and thereafter as and when directed in this behalf by the trial Court, till final disposal of the revision. It is made clear that fine sentence is not suspended.

List this case for further order in due course.

Sd/-

(N.K.Chandravanshi) Judge

D/-