Lakhan Lal Gada vs State Of Chhattisgarh
2022 Latest Caselaw 1758 Chatt

                                                                            NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                              CRR No. 352 of 2022

• Lakhan Lal Gada, S/o Narayan Gada, aged about 30 Years, R/o Ward No. 4,
  Dallirajhara, P.S. Dallirajhara, District Balod (Chhattisgarh).

                                                                       ----Applicant

                                       Versus

• State of Chhattisgarh, Through, S.H.O. Police Station Gunderdehi, District Balod
  Chhattisgarh.

                                                                    ---- Respondent

31/03/2022 Shri Anurag Khatri, counsel for the applicant.

Shri Raghvendra Verma, G.A. for the State.

Heard on admission.

The revision is admitted for hearing.

Call for the record of the Courts below.

Also heard on I.A. No. 01/2022, application for suspension of

sentence and grant of bail to the applicant.

Challenging this revision filed under Section 397/401 of Code of

Criminal Procedure to the judgment dated 21.03.2022 passed by the

Sessions Judge, Balod, District Balod, C.G. in Criminal Appeal

No.63/2019, upholding the order dated 26.06.2019 of the Judicial

Magistrate First Class, Gunderdehi, District Balod, C.G. in Criminal

Case No. 461/2017 whereby the applicant has been convicted and

sentenced as under:- :-

Conviction Sentence

Under Section 279 of Indian Simple Imprisonment for three Penal Code (in short "IPC). months and fine of Rs.500/-, in default of payment of fine amount to undergo additional S.I. for one month Under Section 337 of IPC Simple Imprisonment for three months and fine of Rs.500/-, in default of payment of fine amount to undergo additional S.I. for one month

Under Section 304-A of IPC Simple Imprisonment for one year and fine of Rs.500/-, in default of payment of fine amount to undergo additional S.I. for one month

(All sentences were directed to run concurrently) Considering the facts and circumstances of the case, short

sentence of one year awarded to the applicant, the fact that the

applicant was on bail during trial and did not misuse the liberty granted

to him and that disposal of the revision is likely to take sometime,

without expressing anything on merits of the case, I am of the opinion

that present is a fit case to suspend the jail sentence imposed upon the

applicant and to release him on bail.

Accordingly, the application (I.A. No. 01/2022) is allowed.

It is directed that the execution of 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 in the sum of Rs. 1,00,000/- with two

sureties of Rs. 50,000/- each to the satisfaction of the trial Court for his

appearance before the Registry of this Court on 21.06.2022. He shall

thereafter appear before the trial Court on a date to be given by the Registry of this Court and then continue to appear there on all such

subsequent dates as are given to him by the said Court, till disposal of

this revision.

List this case for final hearing in its due course.

Sd/-

(Gautam Chourdiya) Judge

Akhilesh