Pushkar Satnami vs State Of Chhattisgarh
2021 Latest Caselaw 2621 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                             CRR No. 635 of 2021
Pushkar Satnami S/o Motilal Satnami, Aged about 48 years R/o Village
Kholwa P.S. Bhatapara Rural, Tahsil- Bhatapara, Distt. Baloda Bazar-
Bhatapara (C.G.)
                                                                  .....Applicant
                                     Versus
State of Chhattisgarh Through S.H.O., P.S. Bhatapara Rural, Distt. Baloda
Bazar- Bhatapara (C.G.).
                                                             ........Non-Applicant



29/09/2021          Mr. Ravindra Sharma, Advocate for the Applicant.

                    Mr. Dinesh Tiwari, Dy. Govt. Advocate for the State.
                    Heard.

                    Admit.

                    Issue notice to the State/respondent.

Counsel for the State accepts notice on behalf of the State, therefore, notice needs not be issued.

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

This revision has been preferred against the judgment dated 08/09/2021 passed by the Fourth Additional Sessions Judge, Bhatapara, Distt. Baloda-Bazar, Bhatapara (C.G.) in Criminal Appeal No. H-34/2016, whereby the Appellate Court has affirmed the judgment dated 05/11/2016 passed by the Judicial Magistrate First Class, in Criminal Case No. 514/2014 convicting and sentencing the applicant in the following manner:-

             Conviction                   Sentence

       U/s 279 of the IPC    Fine of Rs. 1000/-

       U/s 337 of the IPC    Fine of Rs. 500/-

       U/s 338 of the IPC    S.I. for 06 months and fine of
                             Rs. 500/-

U/s 304-A of the IPC R.I. for 1 year and fine of Rs.

1000/- in case of default of payment of fine, additional S.I.

for 1 month.

All the sentences were directed to run concurrently.

Learned counsel for the applicant submits that the applicant was on bail during trial and appeal and in the said period he had not misused the bail granted to him. He further submits that the maximum sentence awarded to the applicant is 1 year and he is in jail since 08/09/2021 i.e. date of judgment passed by the Appellate court. He submits that there is no likelihood of this revision being heard finally in near future, therefore, he prays that the applicant may be released on bail.

Per contra, State counsel opposes the bail application.

After considering the submission made by both the parties and perusal of the judgments of both the Courts below and further for the reasons that there is no likelihood of this revision being heard finally in near future, I find that it is a fit case to suspend the jail sentence imposed upon the applicant.

Accordingly, I.A. No. 01/2021 is allowed.

Execution of substantive jail sentence imposed on applicant shall remain suspended and he is directed to be released on bail on his executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15th of December, 2021. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of this revision.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) Judge

Rahul