Bhupdas Deshlahre vs The State Of Chhattisgarh
2021 Latest Caselaw 2300 Chatt

                             HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                                  CRR No. 591/2021
                      Bhupdas Deshlahre, son of Parganiya Das Deshlahre, aged
                      about 51 years, R/o. Village Selud, PS Utai, Tahsil Patan,
                      Distt. Durg, (CG)
                                                         -v-
                      State of Chhattisgarh, through Disstt. Magistrate, Durg, Distt.
                      Durg (CG)



13-9-2021

Shri Punit Ruparel, Adv. for the applicant.

Shri Dinesh Tiwari, Dy. Govt. Adv. for the State. Heard.

Issue notice to the State.

Shri Tiwari accepts notice on behalf of State, therefore, notice need not be issued to the State.

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

Vide judgment dated 2-8-2019 passed in Criminal case No. 51/2016, the Judicial Magistrate First Class, Patan, Distt. Durg convicted the applicant under Section 325 of the Indian Penal Code and sentenced him to undergo SI for 2 years and to pay a fine of Rs. 1,000/- with default stipulation. On appeal preferred by the applicant, the Sessions Judge, Durg, Distt. Durg vide judgment dated 26-8-2021 passed in Cr.A. No. 221/2019 upheld the conviction, but reduced the sentence from two years' SI to one year's SI, however maintained the fine sentence of Rs. 1,000/-.

Learned counsel for the applicant submits that the applicant has paid the fine amount. He was on bail during trial as also during appeal and has not mis-used the liberty granted to him. Maximum sentence for the offence under Section 325 of the IPC is only 1 year. He is in jail since 26-8-2021 i.e. the date of judgment in appeal. There is no likelihood of hearing of the revision in near future. Therefore, the appellant may be granted bail till disposal of the revision.

Per contra, learned State counsel opposes the bail application.

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

Looking to the short sentence imposed upon the applicant, further that there is no likelihood of hearing of the appeal in near future, also the applicant has deposited the fine amount and as per submission, he has not misused the liberty granted to him earlier, I find that it is a fit case for grant of bail.

Accordingly, the I.A. No. 1/2021 is allowed. It is directed that substantive jail sentence imposed upon the applicant shall remain suspended during pendency of this revision and he shall be released on bail on his furnishing a personal bond in a sum of Rs. 25,000/- with one surety of the like sum to the satisfaction for the trial Court concerned for his appearance before the Registry of this Court on 16-12-2021. 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.

List the case for further orders in due course. C.C. as per rules.

Sd/-

N.K. Chandravanshi Judge Pathak