Raj Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 5483 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                      CRR No. 886 of 2022

       Raj Yadav S/o Jugal Yadav, Aged About 39 Years, R/o Mahalpara, Saraipali, Police
        Station and Tehsil Saraipali, District- Mahasamund, Chhattisgarh.
                                                                                  ---- Applicant
                                              Versus

       State Of Chhattisgarh Through            District Magistrate   Mahasamund, District-
        Mahasamund, Chhattisgarh.

                                                                           ---- Non-Applicant



29-08-2022

Shri Shubhank Tiwari, counsel for the applicant.

Shri 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 18-08-2022 passed by Sessions Judge, Mahasamund, (C.G.) in Criminal Appeal No.H-18/2022 arising out of the judgment dated 17-02-2022 passed by the Judicial Magistrate First Class, Mahasamund in Criminal Case No. 544/2015. The applicant has been convicted and sentenced in the following manner by the appellate Court:-

             Conviction                                Sentence
              Under Section 304A of the IPC            S.I. for 6 months and fine of Rs. 200/-
                                                       and in default of fine, 10 days' additional
                                                       S.I.

Learned counsel for the applicant submits that the applicant has very good case in his favour and sentence imposed upon him is of 6 months S.I. only 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 that the short sentence of six months' S.I. has been imposed upon the applicant 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

Aadil