Kamlesh Nishad vs State Of Chhattisgarh
2022 Latest Caselaw 188 Chatt

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                                                                                NAFR
                 HIGH COURT OF CHHATTISGARH, BILASPUR
                      Proceeding Through Video Conferencing

                                  CRR No. 32 of 2022


 1.   Kamlesh Nishad S/o Late Shri Ramji Nishad, Aged About 36 Years R/o
      Jangalpara, Nagri, District Dhamtari (C.G.).
                                                                         ----Applicant
                                                                               (In Jail)
                                         Versus
 1.   State Of Chhattisgarh, Through Collector, Dhamtari, District Dhamtari
      (C.G.).
                                                                     ---- Respondent

11/01/2022 Mr. Prasoon Agrawal, Counsel for the applicant.

Dr. (Ms.) Veena Nair, Dy. Advocate General for the State.

Heard on admission.

The revision is admitted for hearing.

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

State Counsel accepts notice on behalf of respondent/State.

Call for the records of both the Courts below.

Also heard on I.A. No. 01/2022, 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 29/12/2021 passed by

Additional Sessions Judge, Dhamtari, District Dhamtari (C.G.) in Criminal Appeal No. 93/2019 whereby the appeal of the applicant filed against the judgment dated 20/09/2019 of Judicial Magistrate First Class, Dhamtari, District Dhamtari (C.G.) in Criminal Case No. 1678/2018 convicting and sentencing him under Sections 279 & 338 of Indian Penal Code, has been partly allowed and his sentence were modified as under:-

Conviction Sentence Under Section 338 of Indian Penal S.I. for 4 months and fine of Rs. Code (in short "IPC). 500/-, in default of payment of fine additional S.I. for 07 days.

Under Section 279 IPC. Fine amount of Rs. 1,000/-, in default of payment of fine additional S.I. for 15 days.

(Both the sentences were directed to run concurrently)

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 04 months. The applicant was on bail during trial and did not misuse the liberty and 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 4 months awarded to the applicant, he was on bail during trial and did not misuse the liberty and disposal of the revision is likely to take sometime due to COVID-19 Pandemic, 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 09th May, 2022. He shall thereafter continue to 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