Roshan Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3944 Chatt

                                HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                                 CRR No. 556/2022

                  Roshan Kumar Sahu, S/o. Shri Rajkumar Sahu, aged 24 years, R/o. Village
                  Silouti, PS Bakhara, Tehsil Kurud, Distt. Dhamtari (CG)
                                                                              Applicant
                                                       Versus

                  State of Chhattisgarh, through Distt. Magistrate, Distt. Dhamtari (CG)
                                                                               Non-applicant



22-6-2022          Shri Chetan Singh Rajput, Adv. for the applicant.
                   Shri Adil Minhaj, GA for the State.
                   Heard on admission.
                   The revision is admitted for hearing.
                   Call for the records of courts below.
                   Also heard on I.A. No. 3, application for suspension of sentence and
            grant of bail.
                   Challenge in this revision petition is made to the judgment of conviction
            and order of sentence dated 26-5-2022 passed by learned Upper Sessions
            Judge, Dhamtari in CR.A. No. 18/2020 whereby the appellate Court has
            affirmed the judgment of conviction and order of sentence dated 23-1-2020
            passed by the Judicial Magistrate First Class, Kurud, Distt. Dhamtari in
            Criminal Case no. 91/2015 whereby the applicant had been convicted and
            sentenced as under :-
            Sr.    Section.            Jail Sentence       Fine Sentence Default clause
            No.
            1.

     3004A, IPC          6 months RI         Rs. 200/-     10 days SI
            2.     146/196 of MV Act                       Rs. 200/-     10 days SI
            3.     50/177 of MV Act                   Rs. 100/-      5 days SI

It is submitted by learned counsel for the applicant that the applicant was on bail during trial and during appeal also. After judgment of the appellate Court dated 26-5-2022, the applicant is in jail. It is further submitted that the applicant has deposited all the fine amount before the trial Court. He has a good case on merit. Hence, substantive jail sentence imposed upon the applicant be suspended during the pendency of this revision.

On the other hand, learned State counsel opposes the arguments advanced by learned counsel for the applicant.

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 sated by his counsel and 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, IA No. 3 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 22- 8-2022 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 disposal of the revision.

List this case for final hearing in due course.

Sd/-

N.K. Chandravanshi Judge

Pathak