Sanjay Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 2514 Chatt

                            HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                        Criminal Revision No. 408/2022

                • Sanjay Kumar S/o. Santosh Yadav, aged about 31 years, R/o. Pikri,
                  Ward No. 1, Bemetara, Thana / Tahsil /Distt. Bemetara (CG)
                                                                      ---- Applicant
                                           Versus
                • State Of Chhattisgarh through Thana Bemetara, Distt. Bemetara
                  (CG).
                                                                   ---- Respondent

19-4-2022 Shri Sameer Singh, counsel for the applicant.

Shri Adil Minhaj, Govt. Adv. for the State/respondent. Heard on admission.

The revision is admitted for hearing. Call for the records of both the courts below.

Also heard on I.A. No. 1/2022 for suspension of sentence and grant of bail to the applicant.

By this criminal revision, the applicant has challenged the impugned judgment of conviction and order of sentence dated 1-4-2022 passed by the 1st Addl. Sessions Judge, Distt. Bemetara in Cr.A. No. 5/2022, whereby appellate Court has affirmed the judgment of conviction and order of sentence dated 24-12-2021 passed by the Chief Judicial Magistrate, Bemetara in Criminal Case No. 370/2019 whereby the applicant has been convicted and sentenced as under :-

            Sr. No.     Section           Act        Jail sentence Fine sentence Default
                                                                                 stipulation
            1         354         IPC                2 years RI    Rs. 500/-     Addl. RI for
                                                                                 one month
            1         456         IPC                2 years RI    Rs. 500/-     Addl. RI for
                                                                                 one month

Both the jail sentences have been directed to run concurrently.

Learned counsel for the applicant submits that maximum sentence awarded to the applicant is two years. The applicant was on bail during trial and his jail sentence was also suspended by the appellate Court. The applicant has a good case in his favour. Fine amount has been deposited by the applicant. Hence, he prays that the substantive jail sentences imposed on the applicant be suspended and he be released on bail.

On the other hand, learned counsel for the State opposes the bail application.

I have heard learned counsel for the parties and perused the impugned judgment.

After perusing the impugned judgment and considering the facts and circumstances of the case, this Court is of the opinion that it is a fit case to suspend the sentence and release the applicant on bail.

Accordingly, IA No.1/22 is allowed.

It is directed that execution of substantive jail sentences imposed on the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant shall appear before the Registry of this Court on 19-7-2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the revision.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge Pathak