Rajendra Prasad Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 5059 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                                   CRR No. 789 of 2022
    Rajendra Prasad Sahu S/o Baccha Lal Aged About 48 Years R/o Banjaridand, Majhapara
    P.S. Khadgava Distt. Koriya Chhattisgarh
                                                                                      ---- Applicant
                                                           Versus
    State Of Chhattisgarh Through District Magistrate, Baikunthpur, District - Koriya Chhattisgarh
                                                                                   ---- Respondent

Shri Pragalbha Sharma, Advocate for the applicant.

05-08-2022 Ms. Madhunisha Singh, Dy. Advocate General 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 Chirmiri, Dist:Koria in Criminal Case No.1364/2011 on 23-09-2017 as under:-

             Sr.            Section             Act        Jail sentence     Fine under     Default
             No.                                                            Section 357(3) stipulation
                                                                            of the Cr.P.C

               1.           304-A           Indian Penal   S.I. of 1 year      Rs.100/-     S.I. for 10 days
                                               Code

Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (CRA No.59/2017) before the Second Additional Sessions Judge, Manendragarh, Dist: Koria (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 27-07-2022. 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 27-07-2022 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 29-09-2022 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