Jitendra Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 3662 Chatt

                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                              Order Sheet
                                            CRR No. 543/2022

                     Jitendra Yadav Son of Sudama Prasad Yadav, Aged about 35
                     years, R/o. Sapkara, PS and Tahsil Surajpur, Distt. Surajpur (CG)
                                               Versus
                        State of Chhattisgarh, through Arakshi Kendra Surajpur, Distt.
                                                   Surajpur




2-6-2022         Mr. Basant Dewangan, counsel for the applicant.
                 Mr. B.P. Banjare, Dy. GA for the State.
                 Heard.
                 Admit.
                 Call for records of the Courts below.
                 Also heard on I.A. No. 1 for suspension of sentence and grant of
           bail to the applicant.
                 By this criminal revision, the applicant has challenged the
           impugned judgment of conviction and order of sentence dated 24-5-2022
           passed by the Sessions Judge, Surajpur in Criminal Appeal No. 2/2022.
                 Learned JMFC, Surajpur, Distt. Surajpur (CG) convicted and
           sentenced the applicant as under :-
           Sr. No.        U/S.        Jail       Fine        Default     Nature of
                                      Sentence   sentence    stipulation sentence
           1.

279, IPC 6 months Rs. 500/- 1 month RI

2. 338, IPC 6 months Rs. 500/- 1 month RI (2 counts) for each for each count count

3. 304 A, IPC 2 years Rs. 1000/- 1 month RI

4. 3/181, MV - Rs. 500/- 10 days SI Act In the appeal preferred by the applicant, learned Sessions Judge upheld the order of conviction for alleged offence and modified the sentences as under :-

Sr.     U/S.             Jail         Fine        Default     Nature of
No.                      Sentence     sentence    stipulation sentence
1.      338, IPC         3 months Rs. 500/- 1 month            RI
                         imprisonm for   each
                         ent       count
2.      304 A, IPC       6 months Rs. 5,000/- 1 month          RI
                         SI
3.      3/181, MV Act        -        Rs. 500/-   10 days      SI

All the jail sentences have been directed to run concurrently. Hence this revision.

Learned counsel for the applicant submits that the revision will take considerable time for its adjudication and the applicant was on bail during the trial, therefore, he may be enlarged on bail.

On the other hand, learned Dy. Govt. Adv. for the State opposes the bail application.

I have heard learned counsel for the parties and perused the impugned judgment.

After perusing the impugned judgment and considering the facts and circumstances of the case, this Court is of the opinion that it is a fit case to suspend the sentence and release the applicant on bail.

Accordingly, I.A. No. 1 is allowed. It is directed that execution of substantive jail sentences imposed on 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 a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant shall appear before the Registry of this court on 18-7-2022 and thereafter he 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 him by the said Court, till the final disposal of the revision.

List the case for final hearing in due course. In view of above, I.A. No. 2 for urgent hearing and I.A. No. 3 for hearing during vacation stand disposed of.

Sd/-

N.K. Chandravanshi Vacation Judge

Pathak