Chattisgarh High Court
Kishor Kumar Kachhi vs State Of Chhattisgarh on 16 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.527 of 2021
• Kishor Kumar Kachhi S/o Late Shyamlal Kachhi Aged About 33 Years R/o Purani
Basti Pendra Police Station And Tehsil Pendra District Bilaspur Chhattisgarh
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Pendra
District Bilaspur Chhattisgarh
---- Respondent
16.9.2021 Ku. Shriya Mishra, counsel for the applicant.
Shri Devesh Verma, Govt. Advocate for the State/
respondent.
Learned counsel for the applicant submits that she has filed
certified copy of the impugned judgment, therefore, she does not
want to press IA No.02/2021 for exemption from filing the certified
copy of the impugned judgment dated 19.7.2021.
In view of the above, IA No.02/2021 is dismissed as not
pressed.
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 applicant during the pendency of the revision.
The applicant has been convicted and sentenced by the
Judicial Magistrate First Class, Marwahi, Link Court, Pendra Road,
Distt. Bilaspur (CG) in Criminal Case No.361/2015 in the following
manner:-
Conviction Sentence Fine In default of
U/S payment of
fine
354 IPC Rigorous Rs.500/- SI for 01
imprisonment for 01 month
year
In an appeal (Cr.A. No.30/2018) the learned Additional
Sessions Judge, Pendra Road, Distt. Bilaspur vide judgment dated
19.7.2021 upheld the judgment of conviction and order of sentence
passed by the trial Court.
Learned counsel for the applicant submits that the applicant
was on bail during the trial and during the appeal and he has not
misused the bail granted to him. He is in jail since 19.7.2021, i.e.
from the date of judgment of the appellate Court. She further
submits 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 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 applicant was
on bail during trial and appeal, as stated by his 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 applicant on bail.
Accordingly, the bail application (IA No.01/2021) 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 in the sum 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.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
Judge
Bini
