Pradeep Kumar Samal vs State Of Chhattisgarh
2022 Latest Caselaw 4135 Chatt

                              HIGH COURT OF CHHATTISGARH, BILASPUR
                                           Order Sheet
                                                    CRR No. 81/2022
                  Pradeep Kumar Samal son of Late Shri A.B. Samal, aged about 46 years,
                  R/o. Rama Green City, Phase - 2, D-241, Sarkanda, PS Sarkanda,
                  Bilaspur, Tahsil and Distt. Bilaspur (CG)
                                                                             Applicant
                                                         Versus

                  State of Chhattisgarh, Acting through Officer-in-charge, PS Sarkanda, Civil
                  and Revenue Distt. Bilaspur (CG)
                                                                              Non-applicant

30-6-2022          Shri Ajay Ayachi, Adv. for the applicant.
                   Shri Amit Singh Chauhan, PL for the State.
                   Shri Sandeep Yadav, Adv. for the objector.
                   Learned counsel for the applicant submits that he does not want to
            press I.A. No. 1/2022, under Section 397 of the Cr.P.C. as better application
            has been filed.
                   As prayed, I.A. No. 1/2022 is dismissed as not pressed.
                   Heard on I.A. No. 3, application under Section 397 of the Cr.P.C. for
            suspension of sentence and grant of bail to the applicant.
                   Challenge in this revision petition is made to the judgment of conviction
            and order of sentence dated 6-1-2022 passed by learned 7th Addl. Sessions
            Judge, Bilaspur in CR.A. No. 26/2020 whereby the appellate Court has
            affirmed the judgment of conviction and order of sentence dated
            27-11-2019 passed by the Special Railway Magistrate, Bilaspur in Criminal
            Case no. 9397/2013 whereby the applicant had been convicted and
            sentenced as under :-
            Sr.   Section.             Jail Sentence    Fine Sentence Default clause
            1.

498-A IPC RI for 6 months Rs. 1,000/- SI for 40 days 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 he has surrendered on 28-6-2022 and he is in jail. It is further submitted that the applicant has deposited 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 sentence 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 substantive jail sentence and release the applicant on bail.

Accordingly, IA No. 3/2022 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 5-9-2022 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 today.

Sd/-

N.K. Chandravanshi Judge Pathak