Chattisgarh High Court
Abhimanyu Sinha vs State Of Chhattisgarh on 20 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.627 of 2022
• Abhimanyu Sinha, S/o Late Parasram Sinha, Aged About 49 Years, By Profession-
Labor, R/o. Village Bhalesar, Post- Kasekera, P.S. Komakhan (Tuhlu), Tahsil &
District- Mahasamund, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh, Through The District Magistrate, Mahasamund, District-
Mahasamund, Chhattisgarh.
---- Non-applicant
20/07/2022
Mr. Jameel Akhtar Lohani, counsel for the applicant.
Mr. Gurudev I. Sharan, Govt. Advocate for the State.
Heard on I.A. 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
16.06.2022, passed by learned Sessions Judge, Mahasamund, C.G. in
Criminal Appeal No.H/75/2018, whereby the appellate Court has
though affirmed the judgment of conviction and order of sentence
dated 03.08.2018 passed by Judicial Magistrate First Class,
Mahasamund, District- Mahasamund, C.G. in Criminal Case
No.160/2014, whereby the applicant has been convicted and
sentenced in the following manner, but direction of consecutive
running of jail sentences has been changed to that of concurrent
running of jail sentences:-
Conviction Sentence Fine In default of
payment of fine
U/s. 420 of R.I. for 02 years. Rs.2000/-. Further R.I. for 02
Indian Penal months.
Code.
U/s. 467 of R.I. for 02 years. Rs.2000/-. Further R.I. for 02
Indian Penal months.
Code.
U/s. 468 of R.I. for 02 years. Rs.2000/-. Further R.I. for 02
Indian Penal months.
Code.
U/s. 471 of R.I. for 02 years. Rs.2000/-. Further R.I. for 02
Indian Penal months.
Code.
U/s. 120(B) of R.I. for 06 Rs.1000/-. Further R.I. for 01
Indian Penal months. month.
Code.
Learned counsel for applicant submits that maximum jail
sentence awarded to the applicant is 02 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 16.06.2022. 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 30.08.2022. 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.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
Judge
Monika
