Chattisgarh High Court
Baleshwar Ram Kushwaha vs State Of Chhattisgarh on 7 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 562 of 2021
Baleshwar Ram Kushwaha S/o Dadairam Kushwaha Aged About 42 Years R/o Village
Kevra (Ghuchapara), Police Station Jhilmili, Tehsil Bhaiyathan, District Surajpur,
Chhattisgarh(C.G.)
----- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Bishrampur, District
Surajpur, Chhattisgarh.
----- Respondent
07/09/2021 Shri Shakti Raj Sinha, counsel for the applicant.
Shri Dinesh Tiwari, Dy. Govt. Advocate for the State.
Counsel for the applicant submits that today he has filed certified copy of the
impugned order before the Registry.
In view of the submissions made by counsel for the applicant, default pointed out
by the Registry is waived.
Heard on admission.
Admit.
Issue notice to the respondent.
State counsel accepts notice on behalf of the State/respondent.
Also heard on I.A. No. 1/2021 application for suspension of sentence and grant of
bail.
Applicant has been convicted and sentenced by the Judicial Magistrate Second
Class, Surajpur, District Surajpur (C.G.) in Criminal Case No. 1794/2018 in the following
manner with the direction to run the sentences concurrently :-
Conviction U/s Sentence Fine In default of
payment of fine
279 of IPC S.I. for 15 days 500/- S.I. for 7 days
337 of IPC S.I. for 15 days 500/- S.I. for 7 days
338 of IPC S.I. for 1 month 2000/- S.I. for 15 days
338 of IPC S.I. for 1 month 2000/- S.I. for 15 days
In an appeal (Cr.A. No.02/2020) preferred by the applicant learned Sessions
Judge, Surajpur, District Surajpur (C.G.) vide judgment dated 26/08/2021 dismissed the
appeal and upheld the judgment of conviction and order of sentence passed by the
Judicial Magistrate Second Class, Surajpur (C.G.).
Learned counsel for the applicant submits that applicant has been convicted
maximum period for one month. During trial and appeal he has not misused bail granted
to him. He further submits that applicant is in jail since 26/08/2021 i.e. judgment passed
by the appellate Court, there is no likelihood of this revision being heard finally in near
future, therefore, sentences awarded to the applicant may be suspended and he may be
enlarged on bail. He also submits that fine amount has already been deposited.
Per contra, learned State counsel opposes the bail application.
Heard learned counsel for the parties and perused the documents available on
record.
After considering the submissions made by counsel for the applicant and perusal
of the impugned judgment and also the judgment of the trial Court, looking to the short
sentence and considering that there is no likelihood of this revision being heard 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 sentences 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
09/12/2021. 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.
List this case for further orders in due course.
Sd/-
(N.K. Chandravanshi)
JUDGE
Kamde
