Bhawna Sahu @ Sweety vs State Of Chhattisgarh
2022 Latest Caselaw 4971 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                  CRR No. 786 of 2022

     Bhawna Sahu @ Sweety W/o T.K.Sahu Aged About 27 Years (Now 48 years)
      R/o Amanaka Nagorao, State Bank Colony, Mahoba Bazar Raipur, Police
      Station Amanaka, District Raipur Chhattisgarh
                                                                          ---- Applicant
                                          Versus

     State Of Chhattisgarh Through The Station House Officer, Police Station
      Dongargarh, District Rajnandgaon Chhattisgarh
                                                                       ---- Respondent

03.8.2022 Mr. Praveen Dhurandhar, counsel for the applicant.

Ms. Madhunisha Singh, Dy.A.G. 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, Dongargarh District Rajnandgaon (C.G.) in Criminal Case No.90/2009 on 29.06.2009 as under:-

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

1. U/s. 420/34 of R.I. for one Rs.1000/- Further R.I. for 03 Indian Penal year. months.

Code.

2. U/s 468/34 of R.I. for two Rs.1000/- Further R.I. for 06 Indian Penal Code years. months.

 3.    U/s 471 of Indian R.I. for one Rs.500/-         Further R.I. for 03
       Penal Code        year                          months.

Against the order of learned Judicial Magistrate First Class, the

applicant preferred an appeal (Criminal Appeal No.13/2019) before the

Additional Session Judge, Dongargarh District Rajnandgaon (C.G.), which has

been dismissed by the impugned judgment dated 30/7/2022. Hence, this

revision.

Learned counsel for applicant submits that applicant is in jail since

30/7/2022 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 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 she 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 fact that the applicant was on bail during trial and appeal, as

stated by her 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 she shall be

released on bail on her furnishing a personal bond in the sum of Rs.50,000/-

with one surety in the like sum to the satisfaction of the concerned trial Court

for her appearance before the Registry of this Court on 10.10.2022.

Thereafter, she 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 applicant in this behalf by that Court, till disposal of the instant

revision.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Ayushi