Nandu Ram Rajwade vs State Of Chhattisgarh
2022 Latest Caselaw 1706 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                 CRR No. 348 of 2022

 Nandu Ram Rajwade S/o Jagannath Ram, Aged About 46 Years R/o Village Nakna
  Shrinagar, Police Station Ramanujnagar, District - Surajpur Chhattisgarh.
                                                                         ---- Applicant
                                        Versus

 State Of Chhattisgarh Through District Magistrate, Baikunthpur, District - Koriya
  Chhattisgarh.                                               ---- Non-Applicant




30/03/2022

Shri Anil Gulati, counsel for the Applicant.

Smt. Dipti Shukla, P.L. for the State/ Non-Applicant.

Heard on admission.

Admit.

No notice is required to be issued, as Smt. Shukla, 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 of conviction and sentence

dated 10.03.2022 passed in Criminal Appeal No.51 of 2021, the learned

Sessions Judge, Baikunthpur, District-Koriya(CG), while upholding the

judgment dated 31.08.2021, passed by the learned Chief Judicial

Magistrate, Baikunthpur, District Koriya in Criminal Case No.822/2015,

has convicted and sentenced the applicant in the following manner:-

Conviction Sentence U/s 304-A of I.P.C. S.I. for 6 months and fine amount of Rs.1,000/-, in default of payment of fine amount additional S.I. for 20 days.

U/s 146/196 of the Fine amount of 500/- and in default of Motor Vehicles Act. payment of fine further S.I. for 10 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. It is contended further that the

Applicant is in jail since 10.03.2022 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, taking into

consideration the short term of sentence awarded to the Applicant under

the impugned judgment and considering further that the applicant 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

therefore, 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 12th 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 record of the Courts below.

Post this matter for final hearing in its due course.

Sd/-

(Sanjay S. Agrawal) Judge

vivek