Samar Singh Nirmalkar vs State Of Chhattisgarh
2022 Latest Caselaw 4399 Chatt

                               HIGH COURT OF CHHATTISGARH, BILASPUR
                                                 CRR No. 597 of 2022
  Samar Singh Nirmalkar S/o Late Asha Ram Nirmalkar Aged About 23 Years R/o Songuda,
  Police Station- Balco Nagar, District- Korba, Chhattisgarh
                                                                                        ---- Applicant
                                                             Versus
  State Of Chhattisgarh Through Police Station- Balco Nagar, District- Korba, Chhattisgarh
                                                                                     ---- Respondent

Shri Pushpendra Kumar Patel, Advocate for the applicant.

11-07-2022 Shri C.B. Kesharwani, Panel Lawyer for the State/respondent.

Heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail.

The applicant has been convicted and sentenced by the Chief Judicial Magistrate, Korba in Criminal Case No.2122/2017 on 26-02-2022 as under:-

Sr. No. Section Act Jail sentence Fine sentence Default stipulation

1. 394/34 Indian Penal R.I. of 3 years Rs.100/- Additional R.I.

Code of 1 year

Against the order of learned Chief Judicial Magistrate, the applicant preferred an appeal (Criminal Appeal Case No.20/2022) before the First Additional Sessions Judge, Korba (C.G.)., which has been dismissed by the impugned judgment dated 07-06-2022. Hence, this revision.

Counsel for the applicant submits that the applicant is in jail since 07-06-2022. It is further submitted that the applicant was on bail during trial and appeal also. He has not misused the bail granted to him. He further submitted that the applicant has been deposited the fine amount. It is a good case to succeed in this revision. Final hearing of this revision is likely to take considerable time, hence, it is prayed that the substantive jail sentence imposed upon applicant may be suspended till the disposal of this revision.

On the other hand, learned State counsel vehemently opposed the submission made by counsel for the applicant.

Considered the submission and perused the impugned order.

Considering the facts situation of the case, final hearing of this revision is likely to take considerable time, hence, I feel inclined to allow I.A. No.1/2022.

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 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 20-09-2022 and thereafter he shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till the disposal of the revision.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Amardeep