Lalchand Yadu vs State Of Chhattisgarh
2022 Latest Caselaw 2213 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                                 Order Sheet

                                        Cr.R. No. 246 of 2022
         Lalchand Yadu S/o Shri Bisella Yadu Aged About 31 Years R/o Village Kurda, Thana Bori,
          Tahsil And District Durg Chhattisgarh.

                                                                                            ---- Applicant

                                                   Versus

         State Of Chhattisgarh Through Police Station Gobra Nawapara District Raipur
          Chhattisgarh.

                                                                               ---- Non-applicant




06.04.2022

Shri Mohit Kumar, counsel for the Applicant.

Shri Shresth Gupta, Panel Lawyer for the State/Non-applicant.

Heard on admission.

Admit.

Since Shri Gupta accepts notice on behalf of the Non-applicant, therefore, no notice

is required to be issued.

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

bail.

By virtue of the impugned judgment dated 25.02.2022 passed in Criminal Appeal

No.295/2019, the learned 12th Additional Sessions Judge, Raipur (C.G.), while affirming the

judgment dated 13.05.2019 passed by Judicial Magistrate First Class, Raipur in Criminal

Case No.13943/2014, has convicted and sentenced the Applicant in the following manner:

                              Conviction                              Sentence

                         U/s 304 A of IPC       R.I. for 1 year and fine of Rs.1,000/- in default of
                                                payment of fine further 1 month additional R.I.
                   U/s 3 read with 181 of       Fine of Rs.500/-, in default of payment of Fine 10
                  Motor Vehicle Act 1988       days additional R.I.

Learned counsel for the Applicant submits that by virtue of the impugned judgment,

a short term sentence has been awarded to the Applicant and, contended further that the

Applicant was on bail during trial as well as before the appellate Court and has not misused

the terms and conditions imposed upon him. It is contended further that since the revision

petition will take some time for its final disposal, therefore, he may be enlarged on bail.

On the other hand, learned counsel for the State/Non-applicant has opposed the

same.

Having considered the aforesaid contention of the parties, considering the short

term of sentence awarded to the Applicant under the impugned judgment and taking into

consideration further that the Applicant was on bail before the Courts below, who has not

violated the terms and conditions imposed upon him, I am inclined to allow the said

application.

Accordingly, the said application is allowed and it is directed that the jail sentence

imposed upon the Applicant shall remain suspended during the pendency of this revision

petition and he shall be released on bail on his furnishing a personal bond of Rs.25,000/-

along with one surety of like sum to the satisfaction of the concerned trial Court for his

appearance before the said Court on 11th July, 2022 and thereafter continue to appear on

such further dates as are given to him in that behalf, till the final disposal of this petition.

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

Post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge Nikita