Ajay Bandhe vs State Of Chhattisgarh
2022 Latest Caselaw 2513 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                                CRR No. 419 of 2022

1. Ajay Bandhe S/o Chandelal Bandhe Aged About 21 Years R/o Village - Tora, Thana-
   Simga, District Baloda Bazar-Bhatapara Chhattisgarh.

2. Samual S/o Deen Mashih Aged About 18 Years R/o Village - Vishrampur,
   Tahana/tahsil-Simga, District - Baloda Bazar Bhatapara Chhattisgarh.

                                                                       ---- Applicants

                                      Versus

• State Of Chhattisgarh Through District Magistrate, Baloda Bazar, District - Baloda
  Bazar-Bhatapara Chhattisgarh.

                                                                     ---- Respondent

19.4.2022 Shri Samir Singh, counsel for the applicants.

Shri Lalit Jangde, Govt. Advocate for the State/respondent.

Heard on admission.

Admit.

Call for the records of both the Courts below.

Also heard on IA No.01/2022 for suspension of sentence and grant of bail to the applicants during the pendency of the revision.

By this criminal revision, the applicants have challenged the impugned judgments of conviction and order of sentences dated 12.4.2022 passed by the Additional Sessions Judge, Bhatapar Distt. Baloda Bazar Bhatapara (CG) in Criminal Appeal No.64/2018 & Criminal Appeal No.66/2018, whereby the appellate Court has affirmed the judgment of conviction and order of sentence dated 27.11.2018 passed by Judicial Magistrate First Class, Bhatapara in Criminal Case No.300/2014 whereby the appellants have been convicted and sentenced in the following manner:-

    Conviction U/S            Sentence           Fine      In default of
                                                           payment of
                                                           Fine

    10 of Chhattisgarh Simple                Rs.1000/-     10 days SI
    Agricultural     Cattle imprisonment for
    Preservation Act, 2004 six months

    11-d of Prevention of         ....        Rs.50/-        01 day SI
    Cruelty to Animals Act

Learned counsel for the applicants submits that maximum sentence awarded to the applicants are six months, they were on bail during trial and also during the pendency of the appeal and after the judgment of the appellate Court they are in jail since 21.4.2022. He further submits that the applicants have a good case and there is no likelihood of this revision being heard in near future, therefore, sentences awarded to the applicants may be suspended and they may be released on bail.

Per contra, learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the documents available on record.

Looking to the short sentences awarded to the applicants and considering the fact that the applicants were on bail during trial and appeal, as stated by their counsel and further for the reason that there is no likelihood of this revision being heard finally in near future, I am of the opinion that this is a fit case to suspend the sentences and release the applicants on bail.

Accordingly, the bail application (IA No.01/2022) is allowed. It is directed that substantive jail sentences 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 in the sum of Rs.15,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for their appearance before the Registry of this Court on 20.7.2022. Thereafter, they shall appear before the concerned trial Court on a date given by the Registry of this Court and on all such subsequent dates as would be given to the applicants in this behalf by that Court, till disposal of the instant revision. It is made clear that fine sentence is not suspended.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Bini