Rajiv Shukla @ Bablu vs State Of Chhattisgarh
2022 Latest Caselaw 5486 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                     Criminal Revision No.787 of 2022
  •   Rajiv Shukla @ Bablu, S/o Phoolchand Shukla, aged about 36 years,
      R/o Sanjay Nagar, Ganja Galli, Korba, P.S. Kotwali, District- Korba,
      C.G.
                                                                    ---- Applicant
                                    Versus
  •   State of Chhattisgarh, through : District Magistrate, Rajnandgaon, C.G.


                                                            ----Non-applicant



29/08/2022

Mr. Anshul Tiwari, Advocate for the applicant.

Mr. Kunal Das, Panel Lawyer for the State.

Heard.

Admit.

Also heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail.

This Criminal Revision is filed by the applicant against the judgment dated 29.07.2022, passed in Criminal Appeal No.01/2020, by the Additional Sessions Judge (F.T.C.), Korba, C.G., whereby the judgment passed by the learned trial Court dated 28.11.2019, in Criminal Case No.807/2013, has been affirmed, with a direction to run both the sentences concurrently in the following manner:-

                            Conviction                Sentence
              U/s. 457 of I.P.C.          R.I. for 01 year and fine of Rs.1000/-
                                          and in default of payment of fine,
                                          further R.I. for 01 month.
  U/s. 354 of I.P.C.          R.I. for 01 year and fine of Rs.1000/-

and in default of payment of fine, R.I.

for 01 month.

Learned counsel for applicant submits that maximum jail sentence awarded to the applicant is 01 year, he was on bail during trial and also during the pendency of the appeal and after the judgment of the appellate Court he is in jail since 29.07.2022. He further submits that the applicant has already deposited the fine amount imposed upon him. As there is no likelihood of this Criminal Revision being heard finally in near future, therefore, sentences awarded to the applicant may be suspended and he may be released on bail.

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

I have heard learned counsel for the parties and perused the records.

Taking into consideration short jail sentence awarded to the applicant and considering the fact that final hearing of this Criminal Revision may take some time, I feel inclined to suspend the substantive jail sentence.

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

It is directed that the 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 like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 14 th of November, 2022. He 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 him by the said Court, till disposal of this criminal revision.

Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge

Monika