Manohar Lal Malani vs State Of Chhattisgarh
2022 Latest Caselaw 4613 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR
                                CRR No. 731 of 2022

    Manohar Lal Malani S/o Takhatram Malani Aged About 35 Years R/o House
     No. B - 7, Vishal Nagar, Telibandha, Raipur Chhattisgarh.
                                                                         ---- Applicant
                                        Versus

    State Of Chhattisgarh Through District Magistrate Raipur, District Raipur
     Chhattisgarh.
                                                                     ---- Respondent

20.7.2022 Mr. Maneesh Sharma, counsel for the applicant.

Ms. Madhunisha Singh, Dy.A.G. 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.

The applicant has been convicted and sentenced by the Judicial Magistrate First Class, Raipur in Criminal Case No.321/2013 on 04.3.2017 as under:-

             Sr. Conviction               Sentence         Fine    In   default      of
             No.                                                   payment of fine

             1.    U/s.    419/34   of R.I. for   two Rs.500/-     Further S.I. for 07
                   Indian Penal Code. years.                       days.
   2.    U/s. 120B/34 of the R.I. for        two Rs.500/-   Further S.I. for 07
        Indian Penal Code. years                           days.



  3.    U/s. 467/34 of the R.I. for         two Rs.500/-   Further S.I. for 07
        Indian Penal Code. years                           days.



  4.    U/s. 471/34 of the R.I. for         two Rs.500/-   Further S.I. for 07
        Indian Penal Code. years                           days.

Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (Criminal Appeal No.80/2017) before the 14th Additional Sessions Judge, Raipur, C.G., which has been dismissed by the impugned judgment dated 15.7.2022. Hence, this revision.

Learned counsel for applicant submits that applicant is in jail since 15.7.2017 i.e., date of judgment passed by the appellate Court. It is further submitted that applicant has already completed about 310 days of his jail sentence. He would again submit that applicant was on bail during trial and also during the pendency of the appeal. It is a good case to succeed in this revision. He would further submit 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, till the disposal of this revision.

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.

Considering the facts and circumstances of the case and particularly, 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 21.09.2022. 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.

List this case for final hearing in due course.

SD/-

(N.K. Chandravanshi) Judge

Ayushi