Manika Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1317 Chatt

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                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                  CRR No. 256 of 2022
• Manika Sahu S/o Ghanaram Sahu Aged About 65 Years R/o Village Gatapar, P.S. Than
  Khamhariya, District Bemetara Chhattisgrh.
                                                                          ---- Applicant
                                        Versus
• State Of Chhattisgarh Through The District Magistrate, Bemetara, District Bemetara
  Chhattisgarh. (Crime No.9/2019, P.S.Than Khamhariya, District Bemetara
  Chhattisgarh)
                                                                        ---Respondent

14.03.2022 Mr. Suresh Kumar Verma, counsel for the applicant.

Mr. Binu Sharma, P. L. for the State/respondent. Heard on admission.

Admit.

Call for record of the Court below.

Also heard on I.A.No.1, application for suspension of sentences and grant of bail.

This criminal revision has been filed being aggrieved by the judgment dated 03.03.2022 passed by the learned First Additional Sessions Judge, Bemetara, District- Bemetara (C.G.) in Criminal Appeal No. 41/2021 upholding the judgment dated 30.09.2021 passed by Judicial Magistrate First Class, Saja, District- Bemetara (C.G.) in Criminal Case No. 115/2019, whereby the applicant has been convicted and sentenced in the following manner:-

                     Conviction                           Sentence
              U/s 354 of IPC              R.I. for 1 year and fine of Rs. 100/- and in

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

U/s 354 (A)(1)(2) of R.I. for 3 years and fine of Rs.100/- and in

IPC default of payment of fine additional S.I.

for 15 days.

It is submitted on behalf of the applicant that the applicant was on bail during pendency of trial and also during pendency of appeal and he has not misused the liberty granted to him. The applicant has been erroneously convicted. There is likelihood of delay in final hearing of this revision petition, hence, it is prayed that the application for suspension of sentence and grant of bail may be allowed.

Considered on the submissions. The sentence imposed upon the applicant is three years R.I. and there is likelihood of delay in final hearing of this revision petition, I feel inclined to allow the application for suspension of sentence and grant of bail.

Accordingly, 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