Jailal Tandon vs State Of Chhattisgarh
2022 Latest Caselaw 625 Chatt

                    (Proceedings through Video Conferencing)
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                         Order Sheet
                                       CRR No. 140 of 2022

     1.

Jailal Tandon, S/o Kartik Ram Tandon, Aged About 55 Years,

2. Baliram Tandon, S/o Jailal Tandon, Aged About 31 Years,

Both are R/o- Village Tundri, Police Station- Bilaigarh, District- Baloda-Bazar- Bhatapara, Chhattisgarh. ---- Applicants Versus  State of Chhattisgarh, Through- District Magistrate, Baloda-Bazar, District- Baloda-Bazar-Bhatapara, Chhattisgarh. ---- Non-Applicant

04.02.2022 Shri Hemant Gupta, counsel for the applicants.

Shri Kashif Shakeel, Dy. A.G. for the State/non-applicant.

Shri Hemant Kumar Agrawal, counsel for the complainant.

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 17.01.2022 passed by

Sessions Judge, Baloda-Bazar, District- Baloda-Bazar-Bhatapara (C.G.) in

Criminal Appeal No.43/2021 upholding the judgment dated 08.10.2021

passed by Judicial Magistrate First Class, Bilaigarh, District- Balodabazar (C.G.) in Criminal Case No. J 448/2016 convicting and sentencing the

applicant as under:-

Conviction Sentence Under Section 4 of Tonhi Pratadna R.I. for 6 months with fine of Rs.

Act, 2005                         5,000/- and default in payment
                                  of fine amount additional R.I. for
                                  3 months.


Under Section 506 (Part-I) of IPC       R.I. for 6 months with fine of Rs.
                                        2,000/- and default in payment
                                        of fine amount additional R.I. for
                                        1 month.

Learned counsel for the applicants submits that there is no reliable

evidence against the present applicants to involve them in this case,

essential ingredients of the offence for convicting the applicants are

missing, the maximum sentence awarded to the applicants are six months,

disposal of this revision is likely to take some time, therefore, the applicants

be released on bail.

On the other hand, learned counsel for the Non-applicant/State & complainant opposes the bail application (IA. No.1/2022).

Considering the facts & circumstances of the case, the short sentence of six months R.I. has been imposed upon the applicants, final disposal of this revision is likely to take some time, without commenting anything on merits of the case, the application (I.A. No.1/2022) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the applicants shall remain suspended during the pendency of this revision and they shall be released on bail on their furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

The applicants shall appear before the Registry of this Court on 13.05.2022 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 them by the said Court till disposal of this appeal.

List the case for final hearing in its due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim