Chattisgarh High Court
Sarita vs State Of Chhattisgarh on 5 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 1001 of 2021
Sarita D/o Ramesh Dhanghorkar Aged About 29 Years R/o Village Zone-1,
Khursipar, Goutam Nagar, Police Station Chhawani, Tehsil And District- Durg (C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through- District Magistrate, District- Rajnandgaon (C.G.)
---- Non-Applicant
05/04/2022
Shri Arun Kumar Shukla, counsel for the Applicant.
Shri Amit Verma, Panel Lawyer for the State/ Non-Applicant.
Heard on I.A.No.1/2021, an application for suspension of
sentence and grant of bail.
By virtue of the impugned judgment dated 17.11.2021
passed in Criminal Appeal No.41/2017, whereby the learned First
Additional Sessions Judge, Rajnandgaon, District Rajnandgaon
(CG), while affirming the order dated 25.02.2017, passed by the
Judicial Magistrate First Class, Rajnandgaon in Criminal Case No.
949/2009, has convicted the Applicant and sentenced as under:-
Conviction Sentence
U/s 419 of the IPC R.I. for 1 year and fine of Rs.1,000/-, in
default of payment of fine additional
R.I. for 3 months
U/s 420 of the IPC R.I. for 2 years and fine of Rs.1,000/-,
in default of payment of fine additional
R.I. for 3 months
Learned counsel for the Applicant submits that by virtue of
the impugned judgment, a short term sentence has been awarded
to the Applicant. It is contended further that the Applicant was on
bail during trial as well as before the lower appellate court and has
never misused the terms and conditions imposed upon her and
contended further that since the revision petition will take some
time for its final disposal, therefore, the substantive jail sentence as
awarded to her be suspended and she may be enlarged on bail.
On the other hand, learned counsel for the Non-
Applicant/State has opposed the bail application.
Having considered the aforesaid contention of the learned
counsel for the parties, considering further the short term of
sentence awarded to the Applicant and considering that the
Applicant, who was on bail during trial as well as before the lower
appellate court, has not violated the terms and conditions imposed
upon her, therefore, I am inclined to allow the same.
Accordingly, the application is allowed and it is directed that
the substantive jail sentence imposed upon the Applicant shall
remain suspended during the pendency of this revision and she
shall be released on bail on her furnishing a personal bond of
Rs.25,000/- along with one surety of like sum to the satisfaction of
the concerned trial Court for her appearance before the said Court
on 18th July, 2022 and thereafter continue to appear on such
further dates as are given to her in that behalf, till the disposal of
this criminal revision.
I.A.No.1/2021 stands disposed of.
Post this matter for final hearing in its turn along with CRR
No. 74/2022.
It is pointed out that CRR No. 692/2021 has inadvertently
been linked with this matter and counsel for the parties pray for
delink of this matter from the present Criminal Revision.
Registry is accordingly directed to delink CRR No.692/2021.
Sd/-
(Sanjay S. Agrawal)
Judge
sunita
