Geeta @ Basna vs State Of Chhattisgarh
2022 Latest Caselaw 5216 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRR. No. 673 of 2022
 1. Geeta @ Basna W/o Dashrath Netam Aged About 46 Years R/o Janjgira,
     Police Chowki Silyari, P.S. Dharsiwa, District Raipur Chhattisgarh
 2. Seema @ Nuri W/o Compotar Gond Aged About 31 Years R/o Janjgira,
    Police Chowki Silyari, P.S. Dharsiwa, District Raipur Chhattisgarh

                                                                  ---- Applicants
                                 Versus
     State Of Chhattisgarh Through District Magistrate Baloda Bazar, District
     Baloda Bazar-Bhatapara Chhattisgarh

                                                                  ----Respondent

17/08/2022 Shri Rekhraj Baghel, Advocate for the applicants.

Ms. Pushplata Khalkho, P.L. for the State/ respondent.

Heard on I.A. No.1 of 2022, an application for suspension of sentence and grant of bail to the applicants.

This Criminal Revision has been filed against the judgment dated 22-06-2022, passed in Criminal Appeal No.H-19/2018, by the Court of learned Additional Sessions Judge, Bhatapara, District- Baloda Bazar-Bhatapara, Chhattisgarh affirming the judgment of the trial Court whereby the applicants have been convicted and sentenced in the following manner with a direction to run both the sentences concurrently :-

Conviction Sentence

Under Section 420 of the Indian R.I. for 3 years and to pay fine of Penal Code. Rs.200/- and in default of payment of fine, further R.I. for 3 months.

Under Section 6 of the R.I. for 3 years and fine of Rs.200/-

Chhattisgarh   Tonhi      Pratadna and in default of payment of fine,
Nivaran Act                        further R.I. for 3 months.

Learned counsel for the applicants submits that during the pendency of trial and appeal, the applicants were on bail. At present, they are in jail since 22.6.2022 and the conclusion of this criminal revision may take time, therefore, he prays for release of the applicants on bail.

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

Heard learned counsel for the parties and perused the documents.

Considering the fact that the applicants were on bail during trial and during pendency of the appeal and also considering the age of the applicants and their detention period from the date of judgment i.e. 22.6.2022, I am inclined to suspend the substantive jail sentence awarded to the applicants.

Accordingly, I.A. No. 01/2022, an application for suspension of sentence and grant of bail to the applicants, is allowed.

It is directed that the jail sentence imposed upon the applicants shall remain suspended during the pendency of this criminal revision and they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- with one surety in like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 17th October, 2022. They shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear

there on all such subsequent dates as are given to them by the said Court, till disposal of this criminal revision.

List this case for final hearing in due course.

Sd/-

(Rakesh Mohan Pandey) Judge

Nimmi