Shekhar Patel vs State Of Chhattisgarh
2022 Latest Caselaw 1587 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRR No. 332 of 2022
  Shekhar Patel S/o Late Khamuram Patel, Aged About 23 Years R/o Village Gongal,
  Police Station Patewa, Tahsil Mahasamund, District Mahasamund (Chhattisgarh).
                                                                        ----Applicant
                                     Versus
  State Of Chhattisgarh Through The Station House Officer, Police Station Patewa,
  District Mahasamund Chhattisgarh                             ---- Non-Applicant




25/03/2022

Shri Ram Vifal Ram Rajwade, counsel for the Applicant.

Shri Shrestha Gupta, P.L. for the State/ Non-Applicant. Heard on admission.

Admit.

No notice is required to be issued as Shri Gupta, 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 24.02.2022 passed in Criminal Appeal No.H-09/2022, the learned Sessions Judge, Mahasamund, District Mahasamund(CG), while upholding the judgment dated 10.01.2022, passed by the Judicial Magistrate First Class, Mahasamund, District Mahasamund in Criminal Case No. 1498/2021, has convicted and sentenced the applicant in the following manner:-

Conviction Sentence U/s 379 read with section R.I. for 1 year and fine of Rs.1,000/-, in 34 of IPC default of payment of fine, 10 days additional imprisonment Learned counsel for the Applicant submits that the short sentence has been awarded to the applicant and as the Applicant is in jail since 23.8.2021 and there is likely to take some time for the disposal of this revision, 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 the detention period of the Appellant who is in jail since 23.8.2021, I am inclined to allow the same.

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.

Post this matter after five weeks.

Sd/-

(Sanjay S. Agrawal) Judge

vivek