Niman Kumar Minj vs State Of Chhattisgarh
2022 Latest Caselaw 996 Chatt

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                                                                                      NAFR

                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRR No. 214 of 2022

   Niman Kumar Minj, S/o Silash Minj, aged about 25 Years, R/o Lodhabh, P.S. -
    Jashpur, District Jashpur, Chhattisgarh.

                                                                               ----Applicant

                                        Versus

   State of Chhattisgarh, Through - District - Magistrate, Balodabazar, District
    Balodabazar - Bhatapara, (Chhattisgarh).

                                                                           ----Non-applicant




23/02/2022

Shri Hemant Gupta, counsel for the applicant.

Shri Kashif Shakeel, Deputy A.G. for the State.

Heard on admission.

The revision is admitted for hearing.

Call for the record of the Courts below.

Also heard on I.A. No. 01/2022, application for suspension of

sentence and grant of bail to the applicant.

Challenging this revision filed under Section 397/401 of Code of

Criminal Procedure to the judgment dated 14.02.2022 passed by

Additional Sessions Judge, Bhatapara, District Balodabazar-Bhatapara

C.G. in Criminal Appeal No.H-43/2018, upholding the order dated

30.08.2018 of the Judicial Magistrate First Class, Simga, C.G. in Criminal

Case No. J-62/14 whereby the applicant has been convicted and

sentenced as under:- :-

Conviction Sentence

Under Section 279 of Indian Fine of Rs.1,000/-, in default of Penal Code (in short "IPC). payment of fine amount to undergo additional S.I. for 20 days

Under Section 304-A of IPC Simple Imprisonment for 6 months and fine of Rs.500/-, in default of payment of fine amount to undergo additional S.I. for 20 days

Considering the facts and circumstances of the case, short

sentence of six months awarded to the applicant, the applicant has

already deposited the entire fine amount with the concerned trial Court

and that 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. 01/2022) 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 on 21.06.2022. He shall thereafter

appear before the trial Court on a date to be given by the Registry of this

Court and then 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.

Certified Copy today itself.

Sd/-

(Gautam Chourdiya) Judge

Akhilesh