Chattisgarh High Court
Dharmendra Chelak @ Udiya vs State Of Chhattisgarh on 13 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 617 of 2022
Dharmendra Chelak @ Udiya S/o Kanhaiya Ram Aged About 35 Years Resident
Of Village Mohan Talkij Road, Thana And Tahsil Darri, District Durg
Chhattisgarh.
----Applicant
Versus
State Of Chhattisgarh Through District Magistrate, District - Durg Chhattisgarh
---- Respondent
Shri Vikas Kumar Pandey, Advocate for the applicant.
13-07-2022 Shri Gurudev I. Sharan, Government Advocate 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 for the offence punishable under Sections
457, 380 of the Indian Penal Code and sentenced to undergo simple imprisonment for
3 years and to pay fine of Rs.500/- for each offences, in default of payment of fine, to
further undergo S.I. for fifteen days by the Judicial Magistrate First Class, Durg (C.G.)
in Criminal Case No.7796/2021 on 27-12-2021.
Against the order of learned Judicial Magistrate First Class, the applicant
preferred an appeal (CRA No.15/2022) before the Sessions Judge, Durg (C.G.). The
learned Sessions Judge, by the impugned judgment dated 03-03-2022, set aside the
judgment of conviction and order of sentence of applicant under Section 457 of I.P.C.
and upheld the judgment of conviction under Section 380 and modified the sentence
as below:-
Sr. No. Section Act Jail sentence Fine sentence Default
stipulation
1. 380 Indian Penal S.I. of 2 years Rs.500/- Additional S.I.
Code of 15 days
Counsel for the applicant submits that the applicant is in jail since 28-07-2021.
It is good case to succeed in this revision. He is permanent resident of address
mentioned in the cause title, hence, there is no chance of his absconding. Final
hearing of this revision is likely to take considerable time. Therefore, 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.10,000/- 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 21-09-2022 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
