Pramod @ Pappu Soni vs The State Of Chhattisgarh
2022 Latest Caselaw 4874 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                      CRR No. 773 of 2022
    Pramod @ Pappu Soni S/o Kali Soni Aged About 25 Years R/o Village- Podhipa, Police
    Station- Jainagar, District- Surajpur Chhattisgarh.
    Jaiprakash Soni S/o Late Devnath Soni Aged About 35 Years R/o Village- Podhipa,
    Police Station- Jainagar, District- Surajpur Chhattisgarh.
    Om Prakash Soni S/o Late Devnath Soni Aged About 37 Years R/o Village- Podhipa,
    Police Station- Jainagar, District- Surajpur Chhattisgarh.
    Kali Soni S/o Late Devnath Soni Aged About 61 Years R/o Village- Podhipa, Police
    Station- Jainagar, District- Surajpur Chhattisgarh.
                                                                          ---- Applicants
                                                    Versus
    The State Of Chhattisgarh Through S. H. O. Police Station Jainagar, District- Surajpur
    Chhattisgarh.
                                                                         ---- Respondent

Shri A.K. Prasad, Advocate for the applicant.

29-07-2022 Shri Vimlesh Bajpai, Government Advocate for the State/respondent.

Heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail.

The applicants have been convicted for the offence punishable under Sections 332/34, 353/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year and to pay fine of Rs.500/- for each offence by the Judicial Magistrate First Class, Dist: Surajpur (C.G.) in Criminal Case No.2616/2015 on 12-04-2022.

Against the order of learned Judicial Magistrate First Class, the applicants preferred an appeal (Criminal appeal Case No.10/2022) before the Sessions Judge, Surajpur (C.G.). The learned Sessions Judge, by the impugned judgment dated 26-07-2022, while upholding the conviction of the applicants under Section 353, 332/34 of the IPC and merged the sentence awarded under Section 353 into Section 332 of the IPC in the following manner:- Sr. No. Section Act Jail sentence Fine sentence Default stipulation

1. 332 Indian Penal R.I. of 1 year Rs.500/- Additional R.I.

Code of 7 days Counsel for the applicants submits that the applicants are in jail since 26-07-2022 i.e. date of judgment passed by the appellate Court. The applicants have deposited all the fine amounts. It is further submitted that the applicants were on bail during trial and appeal also. They have not misused the bail granted to them. It is a good case to succeed in this revision. Final hearing of this revision is likely to take considerable time, hence, it is prayed that the substantive jail sentence imposed upon applicants may be suspended till the disposal of this revision.

On the other hand, learned State counsel vehemently opposed the submission made by counsel for the applicants.

Considered the submission and perused the impugned order. Considering the facts situation of the case, particularly considering the short sentence awarded to the applicants and final hearing of this revision is likely to take considerable time, hence, I feel inclined to allow I.A. No.1/2022.

It is directed that execution of substantive jail sentence imposed on the applicants shall remain suspended during the pendency of this revision and they shall be released on bail if each of them furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicants shall appear before the Registry of this Court on 26-09-2022 and thereafter they shall appear before the trial Court on a date to be given by the Registry on this behalf and shall continue to appear there on all such subsequent dates as are given to them by the said Court, till the disposal of the revision.

SD/-

(N.K. Chandravanshi) Judge Amardeep