Raisen Manhar vs State Of Chhattisgarh
2021 Latest Caselaw 2437 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                                  Order Sheet

                                              CRR No. 617 of 2021

             Raisen Manhar S/o Dihuram Manhar (Wrongly Mentioned As Tihuram Manhar In Order),
             Aged About 37 Years Resident Of Cheudih, P.S. And Tahsil Pamgarh, District Janjgir
             Champa Chhattisgarh.
                                                                              ----- Applicant

                                                       Versus

             State Of Chhattisgarh Through District Magistrate Janjgir District Janjgir Champa
             Chhattisgarh.
                                                                               ----- Respondent

21/09/2021 Shri Ravi Maheshwari, counsel for the applicant.

Smt. Seema Dixit, Panel Lawyer for the State.

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 under Section 397 of Cr.P.C. for suspension of sentence and grant of bail.

Applicant has been convicted and sentenced by the Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa (C.G.) in Criminal Case No. 579/2015 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                       -           1000/-              S.I. for 1 month

             338 of IPC (three R.I. for 1 year (three 1000/-(three times)     R.I. for 1month
             times)            times)
                                                      Total Rs.3000/-

In appeal (Cr.A. No.38/2021) preferred by the applicant learned Sessions Judge, Janjgir-Champa (C.G.) vide judgment dated 09/09/2021 partly allowed the appeal and modified the judgment of conviction and order of sentence passed by the Judicial Magistrate First Class, Pamgarh, District Janjgir-Champa in the following manner with the direction to run the sentences concurrently :-

Conviction U/s               Sentence                     Fine

279 of IPC                                  -             1000/-

338 of IPC                   R.I. for one year            1000/-

(for injured Santosh
Banjare)

337 of       IPC     (two R.I. for six months (two times) 500/- two times
times)
                                                          (Total Rs.1000/-)
(for               injured
Ramkishun              and
Sudarshan)

Learned counsel for the applicant submits that applicant has been convicted for maximum period of one year. During trial and appeal he has not misused bail granted to him. He further submits that applicant is in jail since 09/09/2021 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 finally 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.15,000/- 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 10/12/2021. 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 this case for further orders in due course.

Sd/-

(N.K. Chandravanshi) JUDGE

Kamde