Milan vs State Of Chhattisgarh
2021 Latest Caselaw 2302 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                        Criminal Revision No.574 of 2021

1. Milan S/o Fekuram Chaturvedi Aged About 30 Years R/o Village Dhauraband,
   Police Station Pipariya, District Kabirdham Chhattisgarh

2. Prashant @ Dadhu S/o Dharamdas Aged About 20 Years R/o Village
   Dhauraband, Police Station Pipariya, District Kabirdham Chhattisgarh

                                                                    ---- Applicants

                                      Versus

• State Of Chhattisgarh Through District Magistrate, District Kabirdham
  Chhattisgarh

                                                                   ---- Respondent

13.9.2021 Shri Dharmesh Srivastava, counsel for the applicants.

Shri Devesh Verma, Govt. Advocate for the State/respondent.

Learned counsel for the applicants has submitted certified copy of the impugned judgment, thus, default pointed out by the Registry is waived.

Heard on admission.

Admit.

Issue notice to the respondent.

Learned counsel for the State accepts notice on behalf of the State.

Also heard on IA No.01/2021 for suspension of sentence and grant of bail to the applicants during the pendency of the revision.

Vide judgment dated 30.3.2019 passed by Judicial Magistrate First Class, Kabirdham Distt. Kawardha (CG) in Criminal Case No.1229/2015, the applicants have been convicted under Section 325/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/- each with default stipulation. In an appeal preferred by the applicants, vide judgment dated 28.8.2021 passed in Criminal Appeal No.38/2019, learned Additional Judge, Kabirdham to the Court of Additional Sessions Judge, Kabirdham while upholding the conviction of the applicants, modified the sentence in the following manner:-

Conviction U/S Sentence Fine In default of payment of Fine

325/34 IPC Rigorous imprisonment Rs.1000/- RI for 01 month for 03 months for each applicant

Learned counsel for the applicants submits that the applicants were on bail during the trial and during the appeal and they have not misused to the bail granted to them. They are in jail since 28.8.2021, i.e. from the date of judgment of the appellate Court. He further submits that there is no likelihood of this revision being heard finally in near future, therefore, sentence awarded to the applicants may be suspended and they may be released on bail.

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

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

After considering the statement made by both the parties and after perusal of the impugned judgment as well as the judgment of the trial court and further considering the fact that the applicants were 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, I am of the opinion that this is a fit case to suspend the sentence and release the applicants on bail.

Accordingly, the bail application (IA No.01/2021) is allowed. It is directed that substantive jail sentence imposed upon the applicants shall remain suspended during the pendency of this revision and they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 15.12.2021. Thereafter, they 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 applicants 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

Bini