Devilal Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 827 Chatt

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                                                                                NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR
                                     Order Sheet
                                 CRR No. 825 of 2021


      Devilal Banjare S/o. Late Shri Samauram Banjare, Aged about 34 years,
      R/o. Station Para Near Shiv Mandir Rajnandgaon District Rajnandgaon
      (CG)
                                                                         ----Applicant
                                                                               (In Jail)
                                        Versus
 1.   State of Chhattisgarh, Through District Magistrate (wrongly mentioned as
      Collector) Rajnandgaon (C.G.).
                                                                     ---- Respondent

17/02/2022 Mr. Pradeep Jogi, Counsel for the applicant.

Mr. Amit Verma, Govt. Advocate for the State.

Heard on admission.

The revision is admitted for hearing.

Issue notice to the respondent on revision petition, as per rules.

Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the applicant.

Challenge in this revision filed under Section 397/401 of Code of Criminal Procedure, 1973 is to the judgment dated 29.10.2021 passed by 1st Additional Judge Sessions Judge, District Rajnandgaon (C.G.) in Criminal Appeal No. CRA No. 105/2016 upholding the judgment dated 26.09.2016 of Judicial Magistrate, First Class, Rajnandgaon (C.G.) in Criminal Case No.

700/2013 convicting and sentencing the applicant as under:-

Conviction Sentence Under Section 304-A of Indian R.I. for 6 months and fine of Rs. 500/-, Penal Code (in short "IPC). in default of payment of fine additional R.I. for 1 month.

Under Section 146/196 of MV R.I. for 1 month and fine of Rs. 200/-, in Act default of payment of fine additional R.I. for 15 days.

Under Section 39/192 of MV R.I. for 1 month and fine of Rs. 2000/-, Act in default of payment of fine additional R.I. for 15 days.

Considering the facts and circumstances of the case, short sentence of 6 months awarded to the applicant, he is in jail since 29.10.2021, he was on bail during trial and did not misuse the liberty, disposal of the revision is likely to take sometime, without expressing anything on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the applicant and to release him on bail.

Accordingly, the application (I.A. No. 01/2021) 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. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 13th June, 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 revision.

List this case for final hearing in its due course.

Sd/-

(Gautam Chourdiya) Judge

Santosh