Munna Dehri vs State Of Chhattisgarh
2022 Latest Caselaw 5338 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                CRR No. 842 of 2022
       Munna Dehri, S/o Shri Kumar Dehri, Aged About 26 Years, R/o Village -
        Sanhisar, Post - Vimalbeda, Police Station - Jarpada, District - Angul,
        (Odisha).                                                ---- Applicant
                                    Versus
       State of Chhattisgarh, Through District Magistrate, Raigarh, District -
        Raigarh, Chhattisgarh.                             ---- Non-Applicant


23.08.2022

Mr. Abhishek Saraf, counsel for the applicant.

Ms. Pushpalata Khalkho, 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 05.08.2022 passed by Sessions Judge, Raigarh, District- Raigarh (C.G.) in Criminal Appeal No.88/2021 upholding the judgment dated 25.11.2021 passed by the Judicial Magistrate First Class in Criminal Case No. 592/2016 convicting and sentencing the applicant as under:-

             Conviction                            Sentence
              Under Section 304 A of IPC            R.I. for 3 months and fine of Rs.
                                                   10,000/- and in default of fine, 1
                                                   month additional R.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 05.08.2022 and sentence imposed upon him is of 3 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 three 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 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) Judge

Nadim