Uttam Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 5337 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                 CRR No. 846 of 2022
       Uttam Yadav, S/o Shri Ramsai Yadav, Aged About 35 Years, R/o Village
        Mehandi, Police Station Shivarinarayan, Civil and Revenue District Janjgir
        Champa, Chhattisgarh.                                    ---- Applicant
                                               Versus
       State of Chhattisgarh, Through- The District Magistrate Janjgir, Civil and
        Revenue District- Janjgir Champa, Chhattisgarh.           ---- Non-Applicant



23.08.2022

Mr. Parasmani Shriwas, counsel for the applicant.

Mr. Sudhir Sahu, Panel Lawyer for the State/non-applicant.

Heard.

Admit.

Call for record of the Courts below.

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

This criminal revision has been filed under Section 397 read with Section 401 of CrPC against the judgment dated 28.07.2022 passed by Sessions Judge, Janjgir-Champa (C.G.) in Criminal Appeal No.44/2021 upholding the judgment dated 17.08.2021 passed by the Judicial Magistrate First Class, Pamgarh, District- Janjgir-Champa (C.G.) in Criminal Case No. 408/2015 convicting and sentencing the applicant as under:-

                      Convictions                              Sentences
             U/s. 337 of IPC                        Fine of Rs.500/- and default in
                                                    payment of fine amount, one month
                                                    additional S.I.
             U/s. 304 (A) of IPC                    R.I. for 6 months with fine of Rs.
                                                    2,000/- and in default of fine, two
                                                    months additional S.I.

Learned counsel for the applicants submits that the applicant was on bail during trial as well as during pendency of appeal and he is in jail since 28.07.2022 and maximum sentence imposed upon him is of 6 months RI and final conclusion of this revision is likely to take some time, therefore, the applicant may be released on bail.

On the other hand, learned counsel for the Non-applicant/State opposes the bail application (IA. No.1/2022).

Considering the facts and circumstances of the case, particularly considering the short sentence of six months R.I. has been imposed upon the applicant, the fact that the applicant was on bail during trial as well as during the pendency of appeal, the applicant is in jail since 28.07.2022 and final disposal of this revision is likely to take some time, therefore, the application I.A. No.1 for suspension of sentence and grant of bail is allowed.

It is directed that the execution of 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.50,000/- 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 02.11.2022 and thereafter appear before the trial Court on a date to be given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal of this appeal.

List the case for final hearing in its due course.

Sd/-

                                                     (Rakesh Mohan Pandey)
Nadim                                                        Judge