Santosh Khilware vs State Of Chhattisgarh
2021 Latest Caselaw 2644 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                        Criminal Revision No.665 of 2021

• Santosh Khilware S/o Ramu Ram Khilware Aged About 32 Years Resident
  Of Village Parsada, Police Station Gobra Nawapara, District Raipur
  Chhattisgarh.

                                                                     ---- Applicant

                                       Versus

• State Of Chhattisgarh Through The Collector , Raipur District Raipur
  Chhattisgarh.

                                                                   ---- Respondent

30.9.2021 Shri Krishna Kumar Dewangan, counsel for the applicant.

Shri Devesh Verma, 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 applicant during the pendency of the revision.

The applicant has been convicted and sentenced by the Judicial Magistrate First Class, Raipur (CG) in Criminal Case No.3644/2017 in the following manner:-

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


                 imprisonment for 01           month
                 year


                 Imprisonment for 01           month
                 year

In an appeal (Cr.A. No.436/2018) the learned Additional Sessions Judge, Raipur vide judgment dated 22.9.2021 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 22.9.2021, 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 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 in the sum 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 22.11.2021. 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. 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