Dhansingh Nayak vs State Of Chhattisgarh
2022 Latest Caselaw 7470 Chatt

            HIGH COURT OF CHHATTISGARH, BILASPUR
                         Order Sheet
                              CRR No. 1230 of 2022
• Dhansingh Nayak S/o Late Shri Sukhuram Nayak Aged About 57 Years R/o Village-
  Babudabena, Police Station- Korara, District- North Baster Kanker, District : Kanker,
  Chhattisgarh                                                        --- Applicant.
                                     Versus
• State Of Chhattisgarh Through The District Magistrate Kanker District - North Baster
  Kanker, District : Kanker, Chhattisgarh                            --- Respondent.

12.12.2022 Mr. Sunil Sahu, Counsel for the applicant.

Ms. Priyamvada Singh, Dy. GA for the respondent/State. Heard on admission.

Admit.

Call for the record.

Also heard on IA No.1 - application for suspension of sentence and grant of bail.

1. The accused/applicant has been convicted vide judgment of

conviction and order of sentence dated 28.09.2022 passed by

Sessions Judge, Kanker, District North Bastar Kanker in CRA

No.11/2022, whereby the applicant has been held guilty for the

offence under Sections 457 and 354 of IPC and sentenced to

undergo RI for one year with fine of Rs.500/-, plus default stipulations

on each count.

2. Learned counsel for the accused/applicant submits that court

below totally overlooks the material contradiction and omission in the

evidence of prosecution witnesses and wrongly presume that the

applicant has committed the offence though the independent

corroboration is required in the case. He further submits the applicant

was on bail during the pendency of trial and did not misused the liberty of bail and fine amount has already been deposited. He further

submits that the applicant has been in jail since 28.09.2022 and

already served 3 months of jail custody out of one year therefore,

considering the short period of sentence, the jail sentence imposed

on the applicant may be suspended and he may be released on bail.

3. State counsel on the other hand opposes the bail application.

4. Taking into consideration the facts and circumstances of the

case and further considering that applicant has served 3 months of

jail sentence out of the short sentence of one year awarded by the

Court below, I am inclined to allow the application for suspension of

sentence and grant of bail.

5. It is directed that the substantive jail sentence imposed upon

the applicant shall remain suspended during the pendency of the

criminal revision and he shall be released on bail on his furnishing a

personal bond of Rs.10,000/- with one surety for the like sum to the

satisfaction of the concerned trial Court. He shall mark his

appearance before the concerned Court below on 9th January, 2023

and thereafter on all such dates as may be directed by the said

Court, interval being not less than 6 months, till final disposal of this

revision.

6. Accordingly, IA for suspension of sentence and grant of bail is allowed.

List this case for final hearing upon receipt of record.

Sd/-

(Deepak Kumar Tiwari) Judge

Ajay