Rakesh Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 4594 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                               CRR No. 727 of 2022

• Rakesh Yadav S/o Vidyadhar Yadav Aged About 24 Years R/o Pathanpara, Telikot
  Kharasia, P.S. And Tahsil Kharasia Distt. Raigarh (C.G.)

                                                                       ---- Applicant

                                       Versus

• State Of Chhattisgarh Through The Collector, Raigarh Distt. Raigarh (C.G.)

                                                                     ---- Respondent

19/07/2022 Mr. Wasim Miyan, counsel for the applicant.

Mr. Adil Minhaj, G.A. 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 applicant.

The applicant has been convicted for the offence punishable under Section 509 of I.P.C. and sentenced to undergo simple imprisonment for 01 year and to pay fine of Rs. 100/-, in default of payment of fine, to further undergo S.I. for 5 days by learned Judicial Magistrate First Class, Kharasia, District- Raigarh, C.G. on 22.10.2021 in Criminal Case No.353/2012. Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (Criminal Appeal No.72/2021) before Sessions Judge, Raigarh C.G. The learned Sessions Judge, by the impugned judgment dated 06.07.2022, while maintaining the conviction of the applicant, modified the jail sentence as well as fine sentence in the following manner :-

 Conviction            Sentence           Fine      In   default    of
                                                   payment of fine

U/s. 509 of S.I. for 3 months. Rs.5000/-.          Further S.I. for 03
Indian Penal                                       months.
Code.

Learned counsel for applicant submits that applicant has a good prima facie case to succeed in this revision. He would further submit that applicant 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 06.7.2022. He again submits that there is no likelihood of this revision being heard finally in near future, therefore, substantive jail sentence 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 sentence awarded to the applicant and considering the fact that the applicant was 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 sentence and release the applicant on bail.

Accordingly, the bail application (I.A. No.01/2022) is allowed. It is directed that substantive jail sentence 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 in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 19.09.2022. 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 sentence is not suspended.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi