Lokesh Das Manikpuri vs State Of Chhattisgarh
2022 Latest Caselaw 2406 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                   CRR No. 157 of 2022
    Lokesh Das Manikpuri S/o Trilochan Das Manikpuri Aged About 30 Years R/o
    Village Mulmula, Police Station Kondagaon, District- Kondagaon, Chhattisgarh.
                                                                             ---- Applicant
                                          Versus
    State Of Chhattisgarh, Through Police Of Police Station Kondagaon, District-
    Kondagaon, Chhattisgarh.                                 ---- Non-Applicant




11/04/2022

Shri Karan Kumar Beharani, counsel for the Applicant.

Ms. Beenu Sharma, P.L. for the State/ Non-Applicant. Heard on admission.

Admit.

No notice is required to be issued, as Ms. Sharma, 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 28.01.2022 passed in Criminal Appeal No.02/2022, the learned Sessions Judge, Kondagaon District Kondagaon (CG), while upholding and modifying the judgment dated 06.12.2021, passed by the learned Chief Judicial Magistrate, Kondagaon District-Kondagaon (C.G), in Criminal Case No.267 of 2017, has convicted and sentenced the applicant in the following manner:-

                  Conviction               Sentence
                  U/s 304 (A) of I.P.C.    R.I. for 1 year with fine of Rs.25,000/-, in

default to pay fine to further undergo R.I.

for 1 month U/s 3/181 M.V. Act Fine amount of Rs.500/-, in default to pay fine to further undergo R.I. for 2 days.

Learned counsel for the Applicant submits that by virtue of the impugned judgment, a short sentence has been awarded to the applicant and contended further that he was on bail during trial as well as before the lower Appellate Court and has never violated the terms and conditions imposed upon him. It is contended further that since this revision petition will take some time for its disposal, therefore, he 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 Applicant under the impugned judgment and considering further that the applicant was on bail during trial as well as before the lower Appellate Court and has never violated the terms and conditions imposed upon him, 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 Applicant shall remain suspended during the pendency of this revision 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 18th July, 2022 and thereafter continue to appear on such further dates as are given to him 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 due course.

Sd/-

(Sanjay S. Agrawal) Judge

vivek