Shashidhar @ Akash Pandey vs State Of Chhattisgarh
2022 Latest Caselaw 3723 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRR No. 545 of 2022

     • Shashidhar @ Akash Pandey S/o Bhrigunandan Pandey Aged About 21 Years
       R/o Village Baghima, Outpost Bariyo, Police Station Rajpur, District- Balrampur-
       Ramanujganj (C.G.)

                                                                         ---- Applicant

                                         Versus

     • State Of Chhattisgarh Through District Magistrate, Balrampur, District-
       Balrampur-Ramanujganj (C.G.)

                                                                     ---- Respondent

14.6.2022 Shri Pushkar Sinha, Advocate on behalf of Shri Anil Gulati, counsel for the applicant.

Shri Adil Minhaj, Govt. Advocate for the State/respondent.

Heard on admission.

Admit.

Record of the Courts below be requisitioned.

Also heard on IA No.01/2022 for suspension of sentence and grant of bail to the applicant during the pendency of the revision.

By this criminal revision, the applicant has challenged the impugned judgment of conviction and order of sentences dated 28.5.2022 passed by the Second Additional Sessions Judge, Distt. Balrampur at Ramanujganj (CG) in Criminal Appeal No.44/2018, whereby the appellate Court has affirmed the judgment of conviction and order of sentence dated 17.9.2018 passed by Chief Judicial Magistrate, Balrampur at Ramanujganj in Criminal Case No.264/2018 whereby the appellant has been convicted and sentenced in the following manner:-

Conviction U/S Sentence Fine In default of payment of Fine

386/34 IPC RI for one year Rs.100/- RI for 15 days

507 IPC RI for 06 months Rs.100/- RI for 15 days

Learned counsel for the applicant submits that maximum sentence awarded to the applicant is only one year, he was on bail during trial and also during the pendency of the appeal and after the judgment of the appellate Court, he is in jail since 28.5.2022. He further submits that there is no likelihood of this revision being heard in near future, therefore, sentence 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.

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, I am of the opinion that this is a fit case to suspend the sentence and release the applicant on bail.

Accordingly, the bail application (IA 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 in the like sum to the satisfaction of the concerned trial Court for his appearance before the Registry of this Court on 12.9.2022. 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

Bini