Chattisgarh High Court
Ugrasen Patel vs State Of Chhattisgarh on 24 September, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.640 of 2021
• Ugrasen Patel S/o Kunjram Patel Aged About 37 Years R/o Village
Bhatkunda, Police Station Sankra, District Mahasamund Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate, Mahasamund, District
Mahasamund Chhattisgarh.
---- Respondent
24.9.2021 Shri Shivendu Pandya, counsel for the applicant.
Shri Praveen Shrivastava, Panel Lawyer for the State/
respondent.
Heard.
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, Pithora, distt. Mahasamund (CG) in
Criminal Case No.283/2017 in the following manner:-
Conviction U/S Sentence Fine In default of
payment of fine
279 IPC Rigorous Rs.250/- Imprisonment
imprisonment for 01 month
for 01 month
337 IPC Rigorous Rs.250/- Imprisonment
imprisonment for 01 month
for 01 month
338 IPC Rigorous Rs.500/- Imprisonment
imprisonment for 01 month
for 04 months
3/181 of Motor --- Rs.500/- Imprisonment
Vehicle Act for 01 month
146/196 of --- Rs.500/- Imprisonment
Motor Vehicle for 01 month
Act
In an appeal (Cr.A. No.H.78/2019) the learned Sessions
Judge, Mahasamund vide judgment dated 08.9.2021 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 08.9.2021, 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 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.20,000/- 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 08.12.2021.
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.
Sd/-
Bini
(N.K. Chandravanshi)
Judge
