Ravi Ueke vs State Of Chhattisgarh
2022 Latest Caselaw 3476 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR

                                        Order Sheet

                                    CRR No. 360 of 2022

     • Ravi Ueke S/o Ramesh Ueke Aged About 25 Years R/o Shankar Nagar, Near
       Durga Mandir, Ward No. 11, Durg, Police Station- Mohan Nagar, Durg, District-
       Durg (Chhattisgarh)

                                                                            ---- Applicant

                                           Versus

     • State Of Chhattisgarh Through- Police Station- Durg, District- Durg (Chhattisgarh)

                                                                        ---- Respondent

11.5.2022 Shri Pushpendra Kumar Patel, counsel for the applicant.

Shri Vinod Tekam, Panel Lawyer for the State/respondent.

Heard on admission.

Admit.

Also heard on IA No.01/2022 for suspension of sentence and grant of bail to the applicant during the pendency of the revision.

By this criminal revision, the applicant has challenged the impugned judgment of conviction and order of sentences dated 28.3.2022 passed by the Sessions Judge, Durg Distt. Durg (CG) in Criminal Appeal No.233/2021, whereby the appellate Court has affirmed the judgment of conviction and order of sentence dated 12.11.2021 passed by Judicial Magistrate First Class, Durg in Criminal Case No.707/2015 whereby the appellant has been convicted and sentenced in the following manner:-

Conviction U/S Sentence Fine In default of payment of Fine

25(1-B) (b) of the Simple imprisonment Rs.100/- SI for one month Arms Act for one year Learned counsel for the applicant submits that maximum sentence awarded to the applicant is only on 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 jail since 28.3.2022. He further submits that there is no likelihood of this revision being heard in near future, therefore, sentence 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 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 sentence and release the applicant on bail.

Accordingly, the bail application (IA No.01/2022) is allowed. It is directed that 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.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 10.8.2022. 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 sentence is not suspended.

List this case for final hearing in due course.

Sd/-

Bini (N.K. Chandravanshi) Judge