Parmanand vs State Of Chhattisgarh
2022 Latest Caselaw 4191 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR
                           Criminal Revision No.649 of 2022
    Parmanand, S/o Devprasad Sahu, Aged About 56 Years, R/o Kunwa Chowki,
      Dashrangpur,        Police   Station-      Pipariya,   Tahsil-   Kawardha,      District   :
      Kabirdham, Chhattisgarh
                                                                                ---- Applicant
                                           Versus

    State Of Chhattisgarh Through District Magistrate, Kawardha, District :
      Kabirdham, Chhattisgarh
                                                                            ---- Non-applicant




04/07/2022

Mr. Sourabh Sahu, counsel for the applicant.

Mr. Gurudev I. Sharan, Govt. Advocate for the State.

Heard on Admission.

Admit.

Also heard on I.A. No.01/2022, an application for suspension of sentence and grant of bail to the applicant.

The applicant has been convicted for the offence punishable under Section 420/34 of I.P.C. and sentenced to undergo rigorous imprisonment for 03 years and to pay fine of Rs.1000/- and in default of payment of fine, to further undergo R.I. for 15 days by Judicial Magistrate First Class, District- Kabirdham, C.G. on 07.04.2018 in Criminal Case No.1490/2012. Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (Criminal Appeal No.30/2018) before Additional Sessions Judge, Kabirdham, C.G. The learned Additional Sessions Judge, by the impugned judgment dated 25.06.2022, while maintaining the conviction of the applicant, modified the jail sentence in the following manner:-

 Conviction         Sentence           Fine               In default of
under Section                                            payment of fine

420 of I.P.C. r/w R.I. for 01 year    Rs.1000/-          R.I. for 15 days.
Section 34 of the
I.P.C.

Learned counsel for the applicant would submit that applicant was on bail during trial and also during the pendency of appeal and he has never misused the liberty granted to him. It is further submitted that he has a good case in his favour and there is hope of succeeding in the Revision Petition. Also there is likelihood of delay in final hearing of this petition and it will take considerable time, hence, substantive jail sentence may be suspended till the disposal of this revision, as applicant has deposited fine amount before the trial Court and the copy of receipt has already been filed.

Per contra, learned State counsel opposes the bail application and submissions made by learned counsel for the applicant.

I have heard learned counsel for the parties and perused the impugned judgment as well as judgment passed by trial Court.

Taking into consideration short jail sentence awarded to the applicant and considering the fact that final hearing of this Revision Petition may take some time, hence, I feel inclined to suspend the substantive jail sentence.

Accordingly, the application (I.A. No.01/2022) is allowed. It is directed that execution of substantive jail sentence imposed on 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 a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant shall appear before the Registry of this Court on 05.8.2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry of this Court and on all such subsequent dates as would be given to the applicant in this behalf by that Court, till disposal of the instant revision.

Call for the records of the Courts below.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Monika