Anand Ram vs State Of Chhattisgarh
2022 Latest Caselaw 1316 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                              CRR No. 282 of 2022
• Anand Ram S/o Maikuram Satnami Aged About 67 Years Resident Of Village Koni,
  Police Station Masturi, District Bilaspur (Chhattisgarh)
                                                                           ---- Applicant
                                        Versus
• State Of Chhattisgarh Through- District Magistrate, Bilaspur (Chhattisgarh)
                                                                        ---Respondent

14.03.2022 Mr. A. D. Kuldeep, counsel for the applicant.

Mr. Avinash K. Mishra, Govt. Advocate for the State/respondent. Heard on admission.

Admit.

Call for record.

Also heard on I.A.No.01/2022, application under Section 397 of the CrPC for suspension of sentence and grant of bail.

This criminal revision has been filed being aggrieved by the judgment dated 02.03.2022 passed by the learned Sessions Judge, Bilaspur, District- Bilaspur (C.G.) in Criminal Appeal No. 147/2021 upholding the judgment dated 21.09.2021 passed by Judicial Magistrate First Class, Bilaspur, District- Bilaspur (C.G.) in Criminal Case No. 3600/2014, whereby the applicant has been convicted and sentenced in the following manner:-

Conviction Sentence U/s 325/34 of IPC : R.I. for 06 months and fine of Rs. 300/-

and in default of payment of fine additional S.I. for 15 days.

It is submitted on behalf of the applicant that the applicant is in jail and he will comply all the terms and conditions imposed by this Court for granting bail. The applicant has been erroneously convicted. The

applicant has already deposited the fine amount imposed by the learned trial Court, hence, it is prayed that the application for suspension of sentence and grant of bail may be allowed.

Considering the arguments advanced by learned counsel for the parties as well as looking to the age of the applicant i.e. around 67 years as mentioned in the application and further fact that the criminal revision will take its own time to reach its final conclusion. I am inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, I.A.No.1/2022, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the applicant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 13th May, 2022. He shall thereafter appear before the trial Court on a date to be 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 the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Narendra Kumar Vyas) Judge

Parul