Mahendra Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 3972 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR
                                        CRR No. 591 of 2022
   Mahendra Kumar Sahu S/o Mathura Prasad Sahu Aged About 27 Years R/o Village Kharpi
   (Silwa), Tahsil- Bhatapara, Police Station Bhatapara (Gramin), District Baloda Bazar-
   Bhatapara Chhattisgarh.
                                                                             ---- Applicant
                                                       Versus
   State Of Chhattisgarh Through - District Magistrate, Baloda Bazar, District Baloda-Bazaar
   Bhatapara Chhattisgarh.
                                                                           ---- Respondent

23-06-2022 Shri Vijay Shankar Mishra, Advocate for the applicant.

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

Heard.

Issue notice to the respondent.

Call for the record of the trial Court.

Learned State counsel appears and accepts notice on behalf of

respondent.

Also heard on I.A. No. 1/2022, application 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 26-05-2022, passed by

the Upper Sessions Judge, Bhatapara, Distt: Balodabazar (C.G.) in Criminal

Appeal No.H-58/2019, whereby the judgment of conviction and order of

sentence dated 08-11-2019 passed by the Judicial Magistrate First Class, Bhatapara, Distt: Balodabazar in Criminal Case No.156/2014 has been

upheld, whereby the applicant has been convicted and sentenced as under:-

Sr. Section Act Jail sentence Fine sentence Default

No.

1.       279        IPC       Till rising of        500        S.I. for 3 days

                               the Court
2.       337        IPC             -               500        S.I. for 3 days



3.      304A        IPC        R.I. for 6          1000        S.I. for 10 days

                                months
4.      3/181      Motor            -            Rs.5,00/-     S.I. for 3 days

                   Vehicle

                     Act

All the jail sentences have been directed to run concurrently.

Learned counsel for the applicant submits that the applicant is in jail

after passing of judgment by appellate Court on 26-05-2022. Maximum jail

sentence awarded to him is only six months. It is further submitted that

applicant was on bail during trial and appeal also. He has never misused the

bail granted to him. He has deposited all the fine amount before the trial Court,

hence, substantive jail sentence awarded to the applicant may be suspended

till the final decision of this revision.

Per contra, learned counsel for the State opposes the application for

suspension of sentence and grant of bail to the applicant.

Considered the submission and perused the impugned orders.

Considering the short term jail sentence awarded to the applicant and

also considering the fact that this revision is not likely to go for final hearing in

near future, hence, I feel inclined to allow the I.A. No.1/2022.

In view of the above, I.A. No.1/2022, application for suspension of

sentence and grant of bail to the applicant is allowed.

It is directed that execution of substantive jail sentence 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 26-08-2022

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. Certified copy as per rules.

SD/-

(N.K. Chandravanshi) Judge

Amardeep