Samir Khan vs State Of Chhattisgarh
2022 Latest Caselaw 4882 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                           CRR No. 768 of 2022
 1.       Samir Khan S/o Shri Subhan Khan Aged About 30 Years R/o Ward No. 11 Basna,
      Thana - Basna, District : Mahasamund, Chhattisgarh
 2.       Saddam Khan S/o Shri Subhan Khan Aged About 24 Years R/o Ward No. 11 Basna,
      Thana - Basna, District : Mahasamund, Chhattisgarh
 3.        Smt. Shabana Begum W/o Shri Subhan Khan Aged About 50 Years R/o Ward No.
      11 Basna, Thana - Basna, District : Mahasamund, Chhattisgarh
                                                                                     ---- Applicants
                                                           Versus
 State of Chhattisgarh Through The             District    Magistrate, Mahasamund,          District :
 Mahasamund, Chhattisgarh
                                                                                   ---- Respondent

Shri Sumit Shrivastava, Advocate for the applicants. Shri Gurudev I. Sharan, Government Advocate for the State/respondent. 29-07-2022 Heard on I.A. No. 1/2022, application for suspension of sentence and grant of bail.

The applicants have been convicted and sentenced by the Judicial Magistrate First Class Basna, Dist-Mahasamund (C.G.) in Criminal Case No.310/2016 on 11-11-2021 as under:-

              Sr. No.            Section                  Act          Jail        Fine     Default
                                                                    sentence     sentence   stipulation

                 1.               452               Indian Penal S.I. for six    Rs.500/-          -
                                                          Code      months

                 2.              323/34             Indian Penal    S.I. for 3   Rs.500/-          -
                                                          Code      months

Both the jail sentences have been directed to run concurrently.

Against the order of learned Judicial Magistrate First Class Basna, the applicants preferred an appeal (Criminal Appeal No.17/2021) before the First Upper Sessions Judge, Saraipali, Dist-Mahasamund (C.G.)., which has been dismissed by the impugned judgment dated 20-07-2022. Hence, this revision.

Counsel for the applicants submits that the applicants are in jail since 20-07-2022 i.e. date of judgment passed by the appellate Court. It is further submitted that the applicants were on bail during trial and appeal also. They have not misused the bail granted to them. He further submitted that the applicants have been deposited all the fine amounts. 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 21-09-2022 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