Prahlad Chandrakar vs State Of Chhattisgarh
2022 Latest Caselaw 1543 Chatt

                             HIGH COURT OF CHHATTISGARH, BILASPUR
                                                    Order Sheet

                                     Cr.R. No. 268 of 2022
         Prahlad Chandrakar S/o Ramkumar Chandrakar Aged About 35 Years R/o Village
          Pendrikala, Thana Thankhamhariya, District Bemetara, Chhattisgarh.

                                                                                               ---- Applicant

                                                      Versus

         State Of Chhattisgarh Through The District Magistrate, Bemetara District Bemetara,
          Chhattisgarh.

                                                                                          ---- Non-applicant




24.03.2022

Shri Samir Singh, counsel for the Applicant.

ShriRaghvendra Verma, Govt. Advocate for the State/Non-applicant.

Heard on admission.

Admit.

No notice is required to be issued as Shri Raghvendra Verma, Govt. Advocate

accepts notice on behalf of the Non-applicant/State.

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

of bail.

By virtue of the impugned judgment dated 04.03.2022 passed by First Additional

Sessions Judge, District Bemetara (C.G.) in Criminal Appeal No.38/2021, the Applicant

has been convicted and sentenced in the following manner:-

                           Conviction                                  Sentence

                         U/s 454 of IPC     R.I. for 1 year and fine of Rs.100/- in default to pay of fine
                                            additional R.I. for 15 days

                         U/s 354 of IPC     R.I. for 1 year and fine of Rs.100/- in default to pay of fine
                                        additional R.I. for 15 days

Both sentences run concurrently as per trial Court order.

Learned counsel for the Applicant submits that the Applicant is innocent and has

been falsely implicated in connection with the said crime. It is contended further that the

Applicant was on bail during trial as well as before the appellate Court and has not

misused the terms and conditions imposed upon him. Therefore, he may be enlarged on

bail.

On the other hand, learned counsel for the State/Non-applicant has opposed the

same.

Taking into consideration the short term of sentence awarded to the Applicant under

the impugned judgment and also taking into consideration that the Applicant was on bail

before the Courts below and considering further the submission that he never misused the

liberty, I am inclined to allow the same.

Accordingly, the said application is allowed and it is ordered that the jail sentence

imposed upon the Applicant shall remain suspended during the pendency of this revision

petition and he shall be released on bail on his furnishing a personal bond of Rs.25,000/-

along with one surety of like sum to the satisfaction of the concerned trial Court for his

appearance before the said Court on 04 th July, 2022 and thereafter continue to appear on

such further dates as given to him in that behalf, till the disposal of this petition.

I.A. No.01/2022 stands disposed of.

Post this matter for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge

Nikita