Birbal Cherwa vs State Of Chhattisgarh
2022 Latest Caselaw 2335 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                                   Order Sheet

                                    Cr.R. No. 392 of 2022
        1.

Birbal Cherwa S/o Late Ramprasad Aged About 42 Years R/o Village Karauti (B), Badkapara, Police Chowki Chendra, Police Station Jhilmili, District Surajpur, Chhattisgarh

2. Budhu Cherwa S/o Late Ramprasad Aged About 35 Years R/o Village Karauti (B), Badkapara, Police Chowki Chendra, Police Station Jhilmili, District Surajpur, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Applicants

Versus

 State Of Chhattisgarh Through Reserve Center Jhilmili District Surajpur, Chhattisgarh

---- Non-applicant

08.04.2022 Shri Shakti Raj Sinha, counsel for the Applicants.

Shri Raghvendra Verma, Govt. Advocate appears along with Smt. Deepti Shukla, Panel Lawyer for the State/Non-applicant.

Heard on admission.

Admit.

Since Shri Verma 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 24.03.2022 passed in Criminal Appeal No.22/2021, the learned Sessions Judge, Surajpur, District Surajpur (C.G.), while affirming the judgment dated 27.09.2021 passed by Judicial Magistrate First Class, Surajpur, District Surajpur (C.G.), in Criminal Case No.363/2016, has convicted and sentenced the Applicants in the following manner:

                              Conviction                              Sentence

                        U/s 325/34 of IPC        R.I. for 6 months each and fine of Rs.5,00/- each
                                                 in default of payment of fine R.I. for 07 days.

Learned counsel for the Applicants submits that by virtue of the impugned judgment, a short term sentence has been awarded to the Applicants and contended further that they have deposited the fine amount. It is contended further that the Applicants were on bail during trial as well as before the appellate Court and have never misused the terms and conditions imposed upon them, therefore, they 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 Applicants under the impugned judgment and taking into consideration further that the Applicants were on bail before the Courts below, who have not violated the terms and conditions imposed upon them, I am inclined to allow the said application.

Accordingly, the said 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 petition 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 18 th July, 2022 and thereafter continue to appear on such further dates as are given to them in that behalf, till the final disposal of this petition.

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

Call for record of the Courts below and post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge

Nikita