Chattisgarh High Court
Vijay Patre vs State Of Chhattisgarh on 6 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 91 of 2022
1.
Vijay Patre S/o Tulsi Patre, Aged About 21 Years
2. Vyas Narayan Patre, S/o Janak Patre Aged About 25 Years
3. Rajnikant Partre S/o Ganesh Patre Aged About 27 Years
All above R/o Village Kingriyapara, P.S. Fasterpur, District Mungeli Chhattisgarh,
District : Mungeli, Chhattisgarh
---- Applicants
Versus
State Of Chhattisgarh Through Station House Officer Kunda, District Kabirdham
(Kawardha) Chhattisgarh, District : Kawardha
---- Non-Applicant
06/04/2022 Shri Ajay Ayachi, counsel for the Applicants.
Smt. Usha Chandrakar, Panel Lawyer for the State/ Non-
Applicant.
Heard on I.A.No.1/2022, an application filed under Section
397(1) of the Code of Criminal Procedure, 1973 for suspension of
sentence and grant of bail.
By virtue of the impugned judgment dated 11.01.2022 passed
in Criminal Appeal No.9/2020, whereby the learned Additional Judge,
District Kabirdham(CG) to the Court of Additional Sessions Judge,
Kabirdham, while affirming the order dated 07.01.2020, passed by
the Chief Judicial Magistrate Kawardha, District
Kabirdham(Kawardha) in Criminal Case No. 505/2018, has
convicted and sentenced each of the Applicants as under:-
Conviction Sentence
U/s 34(2) of the 1 year rigorous imprisonment and fine
Chhattisgarh Excise Act of Rs.25,000/-, in default of payment of
fine, S.I. for 3 months
Learned counsel for the Applicants submits that by virtue of
the impugned judgment, a short term sentence has been awarded
and each of the Applicants have already deposited the fine amount of
Rs.25,000/-. It is contended 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 and
contended further that since the revision petition will take some time
for its final disposal, therefore, the substantive jail sentence as
awarded to the Applicants be suspended and they 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 as awarded to the Applicants and considering that the
Applicants were on bail during trial as well as before the lower
appellate court and they have never violated the terms and
conditions imposed upon them, 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 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.50,000/- along with one surety each of like sum to the
satisfaction of the concerned trial Court for their appearance before
the said Court on 11th 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.1/2022 stands disposed of.
Post this matter for final hearing in its turn.
Sd/-
(Sanjay S. Agrawal)
Judge
sunita
