Mohanlal Miri vs State Of Chhattisgarh
2022 Latest Caselaw 5045 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                           CRR No. 688 of 2022
                           Mohanlal Miri S/o Late Domram @ Domlal Caste Satnami, Aged About
                           58 Years R/o Sisodiya Nagar Ward No. 13, Pandaria, District
                           Kabirdham Chhattisgarh.
                                                                                    ---- Applicant
                                                          Versus
                           State Of Chhattisgarh Through The Station House Officer, Police
                           Station Pandaria, District Kabirdham Chhattisgarh.
                                                                                  ---- Respondent

Ms. Sofia Khan, Advocate for the applicant.

05-08-2022 Shri Gurudev I. Sharan, Government Advocate for the State/respondent.

Heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail.

The applicant has been convicted and sentenced by the Judicial Magistrate First Class Pandariya, Dist:Kabirdham (C.G.) in Criminal Case No.642/2016 on 11-04-2022 as under:-

             Sr.          Section              Act        Jail sentence     Fine        Default
             No.                                                                        stipulation

              1.            447            Indian Penal     R.I. of 3         -                   -
                                              Code           months

              2.            354            Indian Penal   R.I. of 1 year   Rs.500/-         R.I. of 3
                                              Code                                          months

              3.          354-A(2)         Indian Penal     R.I. of 6      Rs.500/-         R.I. of 2
                                              Code           months                         months

Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (CRA No.13/2022) before the Additional Sessions Judge Kabirdham to the Court of Additional Judge, Dist: Kabirdham (C.G.), in which conviction & sentence awarded to the applicant by the J.M.F.C. have been upheld and the appeal has been dismissed vide judgment dated 21-06-2022. Hence, this revision.

Counsel for the applicant submits that the applicant was on bail during trial and appeal also. He has not misused the bail granted to him. He has a good case to succeed in this revision. The applicant is in jail since 21-06-2022 i.e. date of judgment passed by the appellate Court. Final hearing of this revision petition is likely to take considerable time, hence, it is prayed that the substantive jail sentence imposed upon applicant may be suspended till the disposal of this revision.

Considered the submission and perused the impugned order. Having considered the short sentence, having considered the fact that the applicant was on bail during trial & appeal and also final hearing of this revision is likely to take considerable time, hence, I feel inclined to allow I.A. No.1/2022.

It is directed that execution of substantive jail sentence imposed on the applicant shall remain suspended during the pendency of this revision and he shall be released on bail on 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 10-10-2022 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. SD/-

(N.K. Chandravanshi) Judge

Amardeep