Kishan Singh Dhruw vs State Of Chhattisgarh
2021 Latest Caselaw 2498 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR

                                                 Order Sheet

                                                CRR No. 618 of 2021

         Kishan Singh Dhruw S/o Chainsingh Dhruw Aged About 47 Years R/o Village
         Dhaurabhata, Police Station Mahasamund Tahsil And District Mahasamund
         Chhattisgarh.
                                                                   ----- Applicant

                                                          Versus

         State Of Chhattisgarh Through The District Magistrate, District Mahasamund
         Chhattisgarh.
                                                                     ----- Respondent

22/09/2021 Shri Himanshu Kumar Sharma, counsel for the applicant.

Shri Wasim Miyan, Panel Lawyer for the State.

Heard on admission.

Admit.

Issue notice to the respondent.

State counsel accepts notice on behalf of the State/respondent, therefore, notice need not be issued.

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

Vide judgment dated 24/10/2019 passed by the Judicial Magistrate First Class, Mahasamund (C.G.) in Criminal Case No. S 113/2014 applicant has been convicted under Section 384 of IPC and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/- with default stipulation. In appeal preferred by the applicant vide judgment dated 28/08/2021 passed by the Sessions Judge, Mahasamund (C.G.) in Criminal Appeal No. H. 83/2019 judgment of conviction and order of sentence passed by the Judicial Magistrate First Class, Mahasamund was upheld.

Learned counsel appearing for the applicant submits that applicant was on bail during trial and appeal also, he has not misused bail granted to him, he is in jail since 28/08/2021 i.e. judgment passed by the appellate Court, there is no likelihood of this revision being heard finally in near future. If sentence is not suspended, this revision will become infructuous, therefore, he prays to allow the application and grant of bail to the applicant.

Per contra, learned State counsel opposes the prayer for suspension of sentence and grant of bail.

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

After considering the submissions made by counsel for the applicant and after perusing the impugned judgment and also the judgment of the trial Court, looking to the short sentence and also for the reason 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.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 26/11/2021. 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