Bhavsingh Baghel vs State Of Chhattisgarh
2022 Latest Caselaw 3616 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRR No. 490 of 2022

     • Bhavsingh Baghel S/o Shri Taranlal Baghel Aged About 26 Years R/o Village
       Kurva, Police Station Nandghat, District Bemetara Chhattisgarh.

                                                                         ---- Applicant

                                         Versus

     • State Of Chhattisgarh Through The District Magistrate, District Baloda Bazar
       Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

                                                                     ---- Respondent

13.5.2022 Shri Devershi Thakur, counsel for the applicant.

Shri Praveen Shrivastava, 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 25.4.2022 passed by the Additional Sessions Judge, Bhatapara, Distt. Baldoa Bazar - Bhatapata (CG) in Criminal Appeal No.H-15/2018, whereby the appellate Court has affirmed the judgment of conviction and order of sentence dated 17.4.2018 passed by Judicial Magistrate First Class, Bhatapara in Criminal Case No.440/2014 whereby the appellant has been convicted and sentenced in the following manner:-

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

  279 IPC              Till rising of the Court   Rs.500/- SI for 10 days

  338 IPC              SI for 06 months           Rs.500/- SI for 10 days

  3/181       Motor                ----           Rs.300/- SI for 05 days
  Vehicles Act

  130/177     Motor                ----           Rs.100/- SI for 01 day
  Vehicles Act

Learned counsel for the applicant submits that maximum sentence awarded to the applicant is only six months, 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 25.4.2022. 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 12.8.2022. 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/-

(N.K. Chandravanshi) Judge

Bini