Ajay Singh vs State Of Chhattisgarh
2021 Latest Caselaw 2628 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                        Criminal Revision No.649 of 2021

1. Ajay Singh S/o Dani Singh Aged About 48 Years Resident Of Kalindikunj
   Kabir Chowk, Jute Mill Raigarh, Tehsil And District Raigarh Chhattisgarh.

2. Mohan Prasad Mandal S/o Ayodhya Prasad Mandal Aged About 48 Years R/o
   Village Abhaypur, Thana Jamoui, District Jamoui Bihar.

                                                                     ---- Applicants

                                      Versus

• State Of Chhattisgarh Through Station House Police Station City Kowali
  Raigarh, District Raigarh Chattisgarh., District : Raigarh, Chhattisgarh

                                                                   ---- Respondent

29.9.2021 Shri TK Jha, counsel for the applicants.

Shri Dinesh Tiwari, Dy. Govt. Advocate for the State/ respondent.

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 applicants during the pendency of the revision.

The applicants have been convicted and sentenced by the Judicial Magistrate First Class, Raigarh (CG) in Criminal Case No.97/2015 in the following manner:-

    Conviction Sentence                    Fine     In default of
   U/S                                             payment    of
                                                   fine

   304 A IPC Simple imprisonment       Rs.500/-    SI   for    01
             for 02 years                          month

   337 IPC      Imprisonment for 01    Rs.100/-    SI for 15 days
                month

   337 IPC      Imprisonment for 01    Rs.100/-    SI for 15 days
                month

   337 IPC      Imprisonment for 01    Rs.100/-    SI for 15 days
                month

In an appeal (Cr.A. No.34/2021) the learned Third Additional Sessions Judge, Raigarh Distt. Raigarh vide judgment dated 14.9.2021 upheld the judgment of conviction and order of sentence passed by the trial Court.

Learned counsel for the applicants submits that the applicants were on bail during the trial and during the appeal and they have not misused the bail granted to them. They are in jail since 14.9.2021, 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 applicants may be suspended and they 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 applicants were on bail during trial and appeal, as stated by their 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 applicants on bail.

Accordingly, the bail application (IA No.01/2021) is allowed. It is directed that substantive jail sentences imposed upon the applicants shall remain suspended during the pendency of this revision and they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 14.12.2021. Thereafter, they 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 applicants 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/-

(N.K. Chandravanshi) Judge Bini