Chattisgarh High Court
Khemchand Banjare vs State Of Chhattisgarh on 10 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Revision No. 471 of 2022
Khemchand Banjare, aged about 24 years, S/o Hirau Ram Banjare, R/o
Village Chamarguda, P.S. Bhatapara (Gramin), Distt. Balodabazar-
Bhatapara (C.G.)
----Applicant
Versus
State of Chhattisgarh, Through District Magistrate, Balodabazar, Districtt.
Balodabazar-Bhatapara (C.G.)
---- Respondent
10.05.2022 Mr. B.L. Dembra, counsel for the applicant.
Mr. Adil Minhaj, Govt. Advocate for the Sate / respondent.
Heard on admission.
The revision is admitted for hearing.
Issue notice to respondent.
Since Mr. Adil Minhaj, Govt Advocate takes notice on behalf of
respondent/State, hence, issuance of notice to 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.
By way of filing this Criminal Revision, the applicant has challenged
the impugned judgment of conviction and order of sentence dated
23.03.2022 passed by learned Additional Sessions Judge, Bhatapara,
District Balodabazar-Bhatapara in Criminal Appeal No. 03/2021, whereby
the appellate Court has affirmed the judgment of conviction and order of
sentence dated 26.02.2021 passed by Judicial Magistrate, First Class,
Bhatapara in Criminal Case No. 224/2015 whereby the applicant has been
convicted and sentenced as under :-
Conviction Sentence
U/s 304 (A) of the Indian Penal Simple imprisonment of one year
Code and fine of Rs. 1,000/-
U/s 146/196 of Motor Vehicles Fine sentence of Rs. 1,000/-, in
Act default of payment of fine sentence,
to undergo simple imprisonment for
two months.
U/s 3/181 of Motor Vehicles Act Fine sentence of Rs. 500/-, in default
of payment of fine sentence, to
undergo Simple imprisonment for two
months.
Counsel for the applicant submits that maximum jail sentence
awarded to the applicant is of only one year, he was on bail during trial and
during pendency of the appeal and he did not misuse the liberty of bail
granted to him. Presently, he is in custody since 23.03.2022, the date of
passing of the impugned judgment. There is no likelihood of the revision
coming for hearing in near future, therefore, substantive jail sentence
awarded to the applicant may be suspended and he may be released on
bail.
On the other hand, counsel for the State opposes the prayer for grant
of bail.
I have heard learned counsel for the parties and perused the material
available on record.
Looking to the short term sentence 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 sentence and release the
applicant on bail.
Accordingly, the bail application I.A. No. 1/2022 is allowed. It is
directed that substantive sentence imposed on the applicant/accused shall
remain suspended and he shall be released on bail on his furnishing a
personal bond in the sum of Rs.25,000/- with one surety for the like sum to
the satisfaction of the trial Court for his appearance before the Registry of
this Court on 27.07.2022 and thereafter as and when directed in this
behalf by the trial Court, till final disposal of the revision. It is made clear
that fine sentence is not suspended.
List this case for further order in due course.
Sd/-
(N.K. Chandravanshi)
Judge
D/-
