Bhukhuram vs State Of Chhattisgarh
2022 Latest Caselaw 5444 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                       CRR No. 879 of 2022
       Bhukhuram, S/o Baliram Paraste, Aged About 42 Years, R/o Village Neur,
        Police Station Kukdur, Tahsil Pandariya, District- Kabirdham, Chhattisgarh.
                                                                              ---- Applicant
                                           Versus
       State of Chhattisgarh, Through- Station House Office Police Station Kukdur,
        District- Kabirdham, Chhattisgarh.                              ---- Non-Applicant



26.08.2022

Shri Dharmesh Srivastava, counsel for the applicant.

Shri Sudhir Sahu, P.L. for the State/non-applicant.

Heard on admission.

Admitted.

Call for record of the Courts below.

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

This criminal revision has been filed under Section 397 read with

Section 401 of CrPC against the judgment dated 04.06.2022 passed by

Additional Sessions Judge, Kabirdham (C.G.) in Criminal Appeal

No.52/2017 upholding the judgment dated 29.08.2017 passed by Judicial

Magistrate First Class, Pandariya, District- Kabirdham (C.G.) in Criminal

Case No.79/2012 convicting and sentencing the applicant as under:-

Conviction Sentence Under Section 420 of IPC (14 R.I. for 2-2 years with fine of Rs. counts) 300-300/- (total- 4200/-) and default of payment of fine amount further S.I.

for 7-7 days for each default.

Learned counsel for the applicant submits that the applicant was on

bail during trial as well as during pendency of appeal and he is in jail since

04.06.2022 and maximum sentence imposed upon him is of 2-2 years R.I.

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 2-2 years 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 04.06.2022 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

criminal 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

09.11.2022 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