Ashok Kumar Tandon vs State Of Chhattisgarh
2022 Latest Caselaw 1586 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRR No. 331 of 2022

 Ashok Kumar Tandon S/o Shiv Kumar Tandon, Aged About 19 Years R/o Village
  Khainda, Police Station City Kotwali, Balodbazar District Balodabazar Bhatapara
  Chhattisgarh.                                                     - --- Applicant
                                 Versus

 State Of Chhattisgarh Through The District Magistrate Baloda Bazar District
  Balodabazar Bhatapara Chhattisgarh.                     ---- Non-Applicant




25/03/2022

Smt. Supriya Upasane, counsel for the Applicant.

Shri Shrikant Kaushik, P.L. for the State/ Non-Applicant. Heard on admission.

Admit.

No notice is required to be issued as Shri Shrikant Kaushik, learned Panel Lawyer has accepted notice on behalf of the Non- Applicant.

Also heard on I.A.No.1/2022, an application for suspension of sentence and grant of bail.

By virtue of the impugned judgment dated 08.03.2022 passed in Criminal Appeal No. 57 of 2021, the learned Sessions Judge, Balodabazar, Balodabazar Bhatapara (CG), while upholding the judgment dated 17.11.2021, passed by the Judicial Magistrate First Class, Bhatapara in Criminal Case No.1447 of 2016, has convicted and sentenced the Applicant in the following manner:-

             Conviction                    Sentence
             U/s 354 of IPC                R.I. for 1 years and fine of Rs.1000/-, in
                                           default to undergo additional RI for 30
                                           days
             U/s 323 of IPC                Fine of Rs.1000/-, in default to undergo
                                           RI for 30 days.

Learned counsel for the Applicant submits that by virtue of impugned judgment, a short sentence has been awarded to the applicant and contended further that he was on bail during trial as well as before the lower Appellate Court and has never violated the terms and conditions imposed upon him and since the revision will take some time for its final disposal, therefore, he may be enlarged on bail.

On the other hand, learned counsel for the Non-Applicant/State has opposed the same.

Having considered the submissions of the parties and taking into consideration the short term of sentence awarded to the Applicant under the impugned judgment and also taking into consideration that as the Applicant was on bail during trail as well as before the lower Appellate Court and considering further that since the applicant has not violated the terms and conditions as imposed upon him and that this revision is likely to take some time for its final disposal, I am inclined to allow this application.

Accordingly, the application is allowed and it is directed that the substantive jail sentence imposed upon the Applicant shall remain suspended during the pendency of this revision 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 11th July, 2022 and thereafter continue to appear on such further dates as are given to him in that behalf, till the disposal of this criminal revision.

I.A.No.1/2022 stands disposed of.

Call for the records of the Courts below and post this matter for final hearing in its due course.

Sd/-

(Sanjay S. Agrawal) Judge

vivek