Chattisgarh High Court
Komaldev Netam vs State Of Chhattisgarh on 26 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No.719 of 2022
• Komaldev Netam S/o. Shivbalak Netam, Aged About 37 Years, R/o Village
Balodgahan, P.S. Gurur, District- Balod, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh, Through P.S. Gurur, District- Balod, Chhattisgarh.
---- Non-applicant
26/07/2022
Mr. Akash Kumar Kundu, counsel appearing on behalf of Mr.
Prasoon Agrawal, 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 341 and 354 of I.P.C. and for conviction under Section
341 of I.P.C., he has been sentenced with fine of Rs.500/- along with
default sentence of 10 days' S.I. and for his conviction under Section
354 of I.P.C., he has been sentenced to undergo rigorous
imprisonment for 06 months along with fine of Rs. 1000/-, in default of
payment of fine, to further undergo S.I. for one month by learned
Judicial Magistrate First Class, Balod, C.G. on 31.08.2018 in Criminal
Case No.584/2016. Against the order of learned Judicial Magistrate
First Class, the applicant preferred an appeal (Criminal Appeal
No.27/2018) before Sessions Judge, Balod, District- Balod, C.G. The
learned Sessions Judge, by the impugned judgment dated 30.06.2022,
while maintaining the conviction of the applicant, enhanced the jail
sentences in the following manner:-
Conviction Sentence Fine In default of
payment of fine
U/s.354 of R.I. for 01 year. Rs.1000/-. Further S.I. for 01
Indian Penal month.
Code, 1860.
U/s.341 of S.I. for 10 days. - -
Indian Penal
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 30.06.2022. 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
also that this revision is not likely to be considered in near future, 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 05.09.2022. 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 sentences are not suspended.
Certified copy as per rules.
Sd/-
(N.K. Chandravanshi)
Judge
Monika
