Surat Singh vs State Of Chhattisgarh
2022 Latest Caselaw 2207 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRR No. 365 of 2022
1.

Surat Singh S/o Rudra Singh Aged About 35 Years R/o Village Biharpur, P.S. - Jainagar, Tahsil And District - Surajpur (C.G.)

2. Rahul Singh S/o Late Prem Singh Aged About 19 Years R/o Village Biharpur, P.S. - Jainagar, Tahsil And District - Surajpur (C.G.) ---Applicants Versus

 State Of Chhattisgarh Through Arakshi Kendra Jainagar, District - Surajpur (C.G.)

---- Non-Applicant

06/04/2022 Shri Gyan Prakash Shukla, counsel for the Applicants.

Shri Shrikant Kaushik, P.L. for the State/ Non-Applicant. Heard on admission.

Admit.

No notice is required to be issued, as Shri Kaushik, learned Penal Lawyer has already accepted notice on behalf of the State/Non-Applicant.

Also, heard on I.A.No.01/2022, an application for suspension of sentence and grant of bail.

By virtue of the impugned judgment dated 26.03.2022 passed in Criminal Appeal No.01/2021, the learned Session Judge, District Surajpur(CG), while upholding the judgment dated 31.12.2020, passed by the learned Judicial Magistrate First Class, Surajpur, District-Surajpur (C.G), in Criminal Case No.837 of 2014, has convicted and sentenced the applicants in the following manner:-

Conviction Sentence Both the Applicants: RI for 6 months along with fine of U/s 325 read with Rs.1,000/-, in default of payment of fine Section 34 of I.P.C. further RI of 7 days.

Learned counsel for the Applicants submits that by virtue of impugned judgment, a short sentence has been awarded to the applicants and contended further that they were on bail during trial as well as before the lower Appellate Court and have never violated the terms and conditions imposed upon them. It is contended further since this revision petition will take some time for its disposal, therefore, they may be enlarged on bail.

On the other hand, learned counsel for the Non-Applicant/State has opposed the same.

Having considered the submissions of the parties, taking into consideration the short term of sentence awarded to the Applicants under the impugned judgment and considering further that the applicants were on bail during trial as well as before the lower Appellate Court and have never violated the terms and conditions imposed upon them, I am, therefore, inclined to allow the same.

Accordingly, the application is allowed and it is directed that the substantive jail sentence 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 of Rs.25,000/- along with one surety each of like sum to the satisfaction of the concerned trial Court for their appearance before the said Court on 18th July, 2022 and thereafter continue to appear on such further dates as are given to them in that behalf, till the disposal of this criminal revision.

I.A.No.01/2022 stands disposed of.

Call for record of the Courts below.

Post this matter for final hearing in its due course.

Sd/-

(Sanjay S. Agrawal) Judge

vivek