Udal Singh Gond vs State Of Chhattisgarh
2022 Latest Caselaw 12 Chatt

                                                                            Page 1 of 3

                                                                                NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                 CRR No. 982 of 2021


 1.   Udal Singh Gond S/o Bhulau Singh Gond, Aged About 35 Years, R/o Village
      Khurshidih, Mohda, Police Station Mainpur, District Gariyaband (C.G.).
                                                                         ----Petitioner
                                                                               (In Jail)
                                        Versus
 2.   State Of Chhattisgarh, Through Police Station Mainpur, District Gariyaband
      (C.G.).
                                                                     ---- Respondent

03/01/2022 Mr. Tanuj Patwardhan, Counsel for the petitioner.

Mr. C.B. Kesharwani, P.L. for the State.

Heard on admission.

The revision is admitted for hearing.

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

Call for the records of both the Courts below.

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 02/12/2021 passed by 2nd Additional Sessions Judge, Gariyaband District Gariyaband (C.G.) in Criminal Appeal No. 23/2019 upholding the judgment dated 01/06/2019 of

Chief Judicial Magistrate, Gariyaband, District Gariyaband (C.G.) in Criminal Case No. 808/2016 convicting and sentencing the applicant as under:-

Conviction Sentence Under Section 51(1)(1-d) of the R.I. for 3 years and fine of Rs. 10,000/-, Wildlife Protection Act, 1972. in default of payment of fine additional S.I. for 1 month.

Counsel for the applicant submits that the impugned judgment is per se illegal and not based on proper appreciation of the evidence as required under the law. The applicant has been awarded the maximum sentence of 03 years. The applicant was on bail during trial and did not misuse the liberty. The disposal of this revision petition is likely to take some time, therefore, the applicant he may be released on bail.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, short sentence of 3 years awarded to the applicant, 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 02nd May, 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

Chandrakant