Laxmikant Sahu @ Gudda vs State Of Chhattisgarh
2022 Latest Caselaw 1259 Chatt

                                                                                         +-NAFR

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                      CRR No. 266 of 2022

   • Laxmikant Sahu @ Gudda S/o Dinesh Kumar Sahu, Aged About 22 Years, R/o Village-
     Kotiyadih, P.S. Gidhauri, District- Balodabazaar-Bhatapara, (C.G.).

                                                                                     ---- Applicant

                                             Versus

   • State Of Chhattisgarh Through- District- Magistrate, District- Balodabazaar-Bhatapara
     (C.G.)

                                                                                 ---- Respondent

10/03/2022 Shri Syed Imtiaz Ali, Counsel for the applicant.

Shri Shrikant Kaushik, P.L. for the State/Respondent. Heard on admission.

Admit.

Call for the record of the Court below.

Also heard I.A. No. 01/2022, application for suspension of sentence and grant of bail.

By the impugned judgment dated 22.02.2022 passed by the Sessions Judge, Balodabazaar, District - Balodabazaar- Bhatapara, (C.G.), in Criminal Appeal No.55/2021, appellant stands convicted for the offence punishable under Sections 451 and 354(A)(1)(ii) of the I.P.C and sentenced to undergo R.I. for 6 months and fine of Rs.3,000/- and R.I. for 6 months and fine of Rs.3,000/- respectively, with default stipulations.

Learned Counsel appearing for the applicant submits that applicant has been wrongly convicted by the trial Court without there being any clinching evidence against him. He further submits that the total jail sentence imposed upon the applicant by the trial Court is 6 months and he has already undergone 8 days. During trial, applicant was on bail and now he is in jail since 22.02.2022. Therefore, it is prayed that the sentence imposed upon the appellant may be suspended and he may be released on bail.

On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction.

Heard both the parties and perused the record of the Trial Court.

Considering the facts and circumstances of the case, particularly considering the fact that total jail sentence imposed upon the applicant is 6 months and he has already undergone 8 days jail sentence, and during trial he was on bail, without further commenting on other merits of the case, I am of this opinion that it will be proper to release the applicant on bail during the pendency of this criminal revision.

Accordingly, I.A. No. 01/2022 is allowed.

It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one solvent surety in the like sum to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 07.07.2022. He shall thereafter appear before the Trial Court on a date given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, till disposal of this criminal revision.

List this case for final hearing due course.

Sd/-

(Arvind Singh Chandel) Judge

Vivek