Sadaram vs State Of Chhattisgarh
2022 Latest Caselaw 240 Chatt

                                               1

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                    Proceeding through Video Conferencing
                                 Order Sheet
                             Criminal Revision No. 987 of 2021

    1. Sadaram S/o Jakla Khande, aged about 55 years,
    2. Badri S/o Sadaram Khande, aged about 33 years,
    3. Dharmendra S/o Sadaram Khande, aged about 24 years, All are R/o Village-
       Piparmati, Thana - Pandatarai, Tahsil- Pandariya, District Kabeerdham (C.G.)
                                                                   ----- Applicants/Petitioners
                                          versus
     State of Chhattisgarh, through District Magistrate, District Kabeerdham (C.G.)
                                                                               ----- Respondent

13/01/2022 Shri Samir Singh, Advocate for the applicants/petitioners.

Shri Chitendra Singh, Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A. No. 1 of 2021, application for suspension of sentence and grant of bail to the applicants.

This revision has been filed under Section 397 read with Section 401 of

Cr.P.C. against the judgment dated 20.12.2021 passed by Additional Sessions

Judge, District Kabeerdham (C.G.) in Criminal Appeal No. 46/2017 whereby the

judgment dated 30.08.2017 passed by the Judicial Magistrate, First Class,

Pandaria, District Kabeerdham (C.G.) in Criminal Case No. 660/2011 has been

upheld.

By the judgment dated 30.08.2017, the applicants stand convicted and

sentenced as under:

                                  Conviction                            Sentence

                        Applicant - Sadaram:

                        Under Section 325 of IPC (7          R.I. for one year, three months
                        counts)                              and fine of Rs.400/-, in default
                                                             of payment of fine to further
                                                             undergo S.I. for three months


                   Applicants -   Badri              &
                   Dharmendra Khande:

                   Under Section 325/34 of IPC (7        S.I. for one year and fine of
                   counts)                               Rs.300/-, in default of payment
                                                         of fine to further undergo S.I.
                                                         for two months of each
                                                         applicants

Having heard learned counsel for the parties, having regard to the facts

and circumstances of the case, considering the medical evidence (CT scan of the

injured) given by Dr. Archana Singh (PW-1), and that the short jail sentence

awarded to the applicants, they were on bail during trial, they did not misuse the

liberty granted to them and that disposal of the revision is likely to take some time,

without commenting anything on merits of the case, the application (I.A. No.

1/2021) 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. They shall appear before the Trial Court on 02nd March, 2022 and

thereafter continue to appear there on all such dates as are given to them by the

said Court till disposal of this revision.

Certified copy today.

Sd/-

(Gautam Chourdiya) Judge

vatti