Prakash Khutare vs State Of Chhattisgarh
2022 Latest Caselaw 4268 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                        Criminal Revision No.663 of 2022

• Prakash Khutare S/o Shri Bhagatram Khutare, Aged About 47 Years R/o Village
  Telinsatti, Police Station Arjuni Tahsil Dhamtari, District Dhamtari Chhattisgarh.

                                                                         ---- Applicant

                                     Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Arjuni,
  District Dhamtari Chhattisgarh.
                                                                    ---- Non-applicant




06/07/2022

Mr. Sanjeev Verma, counsel for the applicant.

Mr. Vimlesh Bajpai, Govt. Advocate for the State.

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 applicant.

By this criminal revision, the applicant has challenged the impugned judgment of conviction and order of sentence dated 15.06.2022, passed by Additional Sessions Judge (F.T.C.), Dhamtari, District- Dhamtari, C.G. in Criminal Appeal No.15/2020, whereby the appellate Court has affirmed the judgment of conviction and order of sentence dated 30.01.2020 passed by Chief Judicial Magistrate, Dhamtari, District- Dhamtari, C.G. in Criminal Case No.1392/2018, whereby the applicant has been convicted and sentenced in the following manner:-

 Conviction           Sentence            Fine       In   default    of
                                                    payment of fine

U/s. 25(1-£) £ R.I. for 03 years. Rs.1000/-.        Further R.I. for 01
of Arms Act,                                        month.
1959.

Learned counsel for applicant submits that maximum jail sentence awarded to the applicant is 03 years, he was on bail during trial and also during the pendency of the appeal and after the judgment of the appellate Court he is in jail since 15.06.2022. He further submits that the applicant has already deposited the fine amount imposed upon him, he has a good case and there is no likelihood of this revision being heard finally in near future, therefore, sentences awarded to the applicant may be suspended and he 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 applicant and considering the fact that the applicant was on bail during trial and also during the pendency of appeal, as stated by his 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 applicant on bail.

Accordingly, the bail application (I.A. No.01/2022) is allowed. It is directed that substantive jail sentences 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.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 17.08.2022. Thereafter, he 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 applicant 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