Chattisgarh High Court
Mullu Satnami vs State Of Chhattisgarh on 6 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No. 462 of 2022
Mullu Satnami, S/o Shri Dukalaha Satnami, aged about-40 years, R/o
Village - Bhaluchuwa, Police Station - Bhoramdev, Civil & Revenue
District-Kabirdham (C.G.)
----Petitioner
Versus
State of Chhattisgarh, Through: The District Magistrate, Kabirdham, Civil
& Revenue District - Kabirdham, Civil & Revenue District - Kabirdham
(C.G.)
---- Respondent
06.05.2022 Mr. P.M. Shriwas, counsel for the applicant.
Mr. Adil Minhaj, Govt. Advocate for the State.
Heard on admission.
The revision is admitted for hearing.
Issue notice to respondent/State.
Since Mr. Adil Minhaj, Govt Advocate accepts notice on behalf of
respondent/State, hence, issuance of notice to the respondent is dispensed
with.
Call for the records of both the courts below.
Also heard on I.A. No.1/2022, which is an application for suspension
of sentence and grant of bail to the applicant during pendency of the
revision.
The applicant has been convicted for the offence punishable under
Section 354 & 452 IPC and sentenced till rising of the court and to pay fine
of Rs.200/-, in default of payment of fine, to undergo SI for one day on
each count by learned Judicial Magistrate First Class, Kabirdhan
(Kawardha) on 17.08.2021 in Criminal Case No.1399/2019. Against the
order of learned Judicial Magistrate First Class, respondent/State preferred
an appeal (Cr.A. No.20/2021) before Sessions Judge, Kabirdham
(Kawardha) challenging the sentence part only of the judgment passed by
the trial Magistrate. The learned Sessions Judge, Kabirdham (Kawardha)
by the impugned judgment dated 26th April, 2022 has modified / enhanced
the jail sentences in the following manner :-
Conviction Sentence Fine In default of
payment of Fine
354 IPC Rigorous Rs.200/- SI for 1 day
imprisonment for one
year
452 IPC Rigorous Rs.200 SI for 1 day
imprisonment for one
year
Both the sentence were ordered to run concurrently.
Learned counsel for the applicant submits that maximum jail
sentence awarded to the applicant is of one year, he was on bail during trial
and also during the pendency of the appeal and after the judgment of the
appellate Court he is in custody since 26.04.2022. He further submits that
the applicant has a good case and there is no likelihood of this revision
being heard in near future, therefore, substantive jail sentences awarded to
the applicant may be suspended and he may be released on bail.
Per contra, learned counsel for the State opposes the bail
application.
Heard learned counsel for the parties and perused the documents
available on record.
Looking to the short term sentences awarded to the applicant and
considering the fact that the applicant was on bail during trial and appeal,
as stated by his counsel and further for the reason that there is no
likelihood of this revision being heard finally in near future, I am of the
opinion that this is a fit case to suspend the jail sentences and release the
applicant on bail.
Accordingly, the bail application (IA No.01/2022) is allowed. It is
directed that substantive jail sentences 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 ₹ 25,000/-
with one surety in the like sum to the satisfaction of the concerned trial
Court for his appearance before the Registry of this Court on 27.7.2022.
Thereafter, he shall appear before the concerned trial Court on a date
given by the Registry of this Court and on all such subsequent dates as
would be given to the applicant in this behalf by that Court, till disposal of
the instant revision. It is made clear that fine sentences are not suspended.
List this case for final hearing in due course.
Sd/-
(N.K. Chandravanshi)
Judge
D/-
D/-
