Mohammad Khaleel vs State Of Chhattisgarh
2022 Latest Caselaw 4660 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                        Criminal Revision No.450 of 2022

• Mohammad Khaleel, S/o Mohammad Saleem, Aged About 63 Years, R/o Arjun
  Nagar Near Rohit Kirana Stores Camp-1 Bhilai, District- Durg, Chhattisgarh

                                                                      ---- Applicant

                                     Versus

• State Of Chhattisgarh, Through The District Magistrate, District : Durg,
  Chhattisgarh
                                                                 ---- Non-applicant




21/07/2022
                   Mr. Avinash Chand Sahu, counsel for the applicant.

                   Mr. Gurudev I. Sharan, Govt. Advocate for the State/respondent.

Heard on I.A. 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 Sections 354 and 452 of I.P.C. and sentenced to undergo rigorous imprisonment for 03 years and to pay fine of Rs.200/- each, in default of payment of fine, to further undergo R.I. for 07 days by learned Judicial Magistrate First Class, Durg, C.G. on 06.01.2021 in Criminal Case No.187/2014. Against the order of learned Judicial Magistrate First Class, the applicant preferred an appeal (Criminal Appeal No.28/2021) before learned Sessions Judge, Durg, District- Durg, C.G. The learned Sessions Judge, by the impugned judgment dated 13.04.2022, while maintaining the conviction of the applicant under Section 354 of I.P.C., altered the conviction under Section 452 to Section 451 of I.P.C. and also modified the jail sentences for both the offence in the following manner:-

 Conviction           Sentence            Fine      In   default    of
                                                   payment of fine

U/s.354     of R.I. for 01 year.    Rs.200/-.      Further R.I. for 07
Indian Penal                                       days.
Code, 1860.

U/s.451     of R.I. for 01 year.    Rs.200/-.      Further R.I. for 07
Indian Penal                                       days.
Code, 1860.

Learned counsel for applicant submits that maximum jail sentence awarded to the applicant is 01 year and he was on bail during trial and also during the pendency of the appeal and he has never misused the liberty granted to him and after the judgment of the appellate Court he is in jail since 13.04.2022. He further submits that the applicant has a good case and there is no likelihood of this revision being heard finally in near future, therefore, substantive jail 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 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 sentence 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.

List this case for final hearing in due course.

Sd/-

(N.K. Chandravanshi) Judge

Monika