Chattisgarh High Court
Ghasidas vs State Of Chhattisgarh on 5 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.653 of 2022
1. Ghasidas S/o Dhajaram Dinkar, Aged About 22 Years
2. Omprakash S/o Narayan Satnami Aged About 28 Years
3. Chudamadi S/o Sangeeta Dinkar Aged About 25 Years
(All are r/o Village - Saaraskela, P.S. - Dabhra, District : Janjgir-Champa,
Chhattisgarh)
---- Applicants
Versus
• State Of Chhattisgarh, Through The District Magistrate, District : Janjgir-
Champa, Chhattisgarh
---- Non-applicant
05/07/2022 Mr. Sachin Nidhi, counsel for the applicants.
Mrs. Madhunisha Singh, Dy. A.G. for the State/respondent.
Heard on admission.
Admit.
Call for the records of both the Courts below.
Also heard on IA No.01/2022, an application for suspension of
sentence and grant of bail to the applicants.
The applicants have been convicted for the offence punishable
under Section 392/34 of I.P.C. and sentenced to undergo rigorous
imprisonment for 03 years and to pay fine of Rs. 1000/- each, in
default of payment of fine, to further undergo R.I. for one month by
learned Judicial Magistrate First Class, Jaijaipur, District- Janjgir-
Champa, C.G. on 30.09.2019 in Criminal Case No.337/2018. Against
the order of learned Judicial Magistrate First Class, the applicants
preferred an appeal (Criminal Appeal No.46/2019) before First
Additional Sessions Judge, Sakti, District- Janjgir- Champa, C.G. The
learned Additional Sessions Judge, by the impugned judgment dated
22.06.2022, while maintaining the conviction of the applicants,
modified the jail sentence in the following manner :-
Conviction Sentence Fine In default of
payment of fine
U/s. 392/34 of R.I. for 01 year. Rs.1000/-. Further R.I. for 01
Indian Penal month.
Code.
Learned counsel for applicants submits that maximum jail
sentence awarded to the applicants is 01 year, they were on bail
during trial and also during the pendency of the appeal and after the
judgment of the appellate Court they are in jail since 22.06.2022. He
further submits that the applicants have a good case and there is no
likelihood of this revision being heard finally in near future, therefore,
substantive jail sentences awarded to the applicants may be
suspended and they may be released on bail.
Per contra, learned counsel for the State opposes the bail
application.
I have heard learned counsel for the parties and perused the
documents available on record.
Looking to the short sentences awarded to the applicants and
considering the fact that the applicants were on bail during trial and
appeal, as stated by their counsel and further for the reason that there
is no likelihood of this revision being heard finally in near future,
therefore, I am of the opinion that this is a fit case to suspend the jail
sentences and release the applicants on bail.
Accordingly, the bail application (I.A. No.01/2022) is allowed. It
is directed that substantive jail sentences 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.50,000/- with one surety each in the like sum to the satisfaction
of the concerned trial Court for their appearance before the Registry of
this Court on 05.08.2022. Thereafter, they shall appear before the
concerned trial Court on a date given by the Registry of this Court and
on all such subsequent dates as would be given to the applicants in
this behalf by that Court, till disposal of the instant revision. It is made
clear that fine sentences are not suspended.
List this case for final hearing in due course.
Sd/-
(N.K. Chandravanshi)
Judge
Monika
