Lakhan Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 566 Chatt

                                               1

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                    Proceedings through Video Conferencing
                                 Order Sheet
                               Criminal Revision No. 379 of 2021

      Lakhan Yadav S/o Chandrashekhar Yadav aged about 24 years, R/o Joginagar Durg
       Tehsil and District Durg (C.G.)
                                                                               ----- Applicant
                                          versus
      State of Chhattisgarh, Through the District Magistrate, Durg (C.G.)
                                                                           ----- Respondent

01/02/2022 Shri Avinash Chand Sahu, Advocate for the applicant.

Ms. Binu Sharma, Panel Lawyer for the State.

Heard.

Admit.

Also heard on I.A. No. 1 of 2021, application for suspension of sentence

and grant of bail to the applicant.

This revision has been filed under Section 397 read with Section 401 of

Cr.P.C. against the judgment dated 15.03.2021 passed by the Sixth Additional

Sessions Judge, Durg (C.G.) in Criminal Appeal No. 17/2020 whereby the

judgment dated 10.12.2019 passed by the Judicial Magistrate, First Class, Durg,

District Durg (C.G.) in Criminal Case No. 2743/2013 has been upheld.

By the judgment dated 10.12.2019, the applicant has been convicted for

the offence punishable under Section 323/34 of IPC & sentenced to fine of

Rs.1,000/- and Section 325/34 of IPC & sentence to undergo S.I. for one year

with fine of Rs.100, in default of payment of fine to further undergo S.I. for one

month.

Having heard learned counsel for the parties, having regard to the facts

and circumstances of the case, the short jail sentence awarded to the applicant

i.e. one year S.I., he was on bail during trial as well as during pendency of

appeal he did not misuse the liberty granted to him and that disposal of the

revision is likely to take some time, further that co-accused namely Domendra

Kumar has already been granted bail by the coordinate bench of this Court vide

order dated 26.03.2021 passed in Cr.Rev. No. 239/2021, without commenting

anything on merits of the case, the application (I.A. No. 1/2021) 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 two sureties of Rs.25,000/- each to the satisfaction of the trial

Court. He shall appear before the Trial Court on 04th April, 2022 and thereafter

continue to appear there on all such dates as are given to him by the said Court

till disposal of this revision.

Certified copy today.

List this matter alongwith Cr.Rev. No. 239/2021 for final hearing in due

course.

Sd/-

(Gautam Chourdiya) Judge

vatti