Tekchand vs State Of Chhattisgarh
2022 Latest Caselaw 4943 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                     CRR No. 784 of 2022

     Tekchand S/o Bhagwan Das Jaiswal Aged About 71 Years R/o Village Shakti Ward
      No. 6, Police Station Shakti District Janjgir-Champa (C.G.)    ---- Applicant
                                              Versus

     State Of Chhattisgarh Through Station House Officer, Police Station Shakti, District
      Janjgir Champa (C.G.)                                             ---- Respondent

02.8.2022 Mr. Awadh Tripathi, counsel for the applicant.

Mr. Gurudev I. Sharan, G.A. for the State.

Heard on admission.

Admit.

Call for the records of both the Courts below.

Also heard on IA No.01/2022, an application for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted and sentenced by the Judicial Magistrate First Class, Sakti District Janjgir Champa (C.G.) in Criminal Case No.56/1996 on 05.02.2018 as under:-

              Sr. Conviction                  Sentence          Fine   In   default      of
              No.                                                      payment of fine

              1.    U/s. 420 of Indian R.I. for three Rs.1000/-        Further R.I. for 03
                    Penal Code.        years.                          months.

Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (Criminal Appeal No.14/2018) before the 2 nd Additional Session Judge, Sakti, District Janjgir-Champa (C.G.), which has been dismissed by the impugned judgment dated 26/7/2022. Hence, this revision.

Learned counsel for applicant submits that applicant is in jail since 26/7/2022 i.e., date of judgment passed by the appellate Court. He would further submit that applicant was on bail during trial and also during the pendency of the appeal. It is a good case to succeed in this revision. He would further submit that applicant is an old age person aged about 75 years and there is no likelihood of this revision being heard finally in near future. It is also submitted that applicant has deposited the fine amount, therefore, substantive jail sentence awarded to the applicant may be suspended and he may be released on bail, till the disposal of this revision.

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

I have heard learned counsel for the parties and perused the documents available on record.

Considering the facts and circumstances of the case and particularly, considering the age of the applicant also the fact that the applicant was on bail during trial and appeal, as stated by his counsel and further for the reason that there is no likelihood of this revision being heard finally in near future, therefore, I am of the opinion that this is a fit case to suspend the jail sentence and release the applicant on bail.

Accordingly, the bail application (I.A. No.01/2022) is allowed. It is directed that 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 in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned trial Court on 10.10.2022 and thereafter as and when directed by the said Court, till disposal of the instant revision.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi