Ramkumar Yadav vs State Of Chhattisgarh
2022 Latest Caselaw 6582 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                      CRR No. 981 of 2022
    Ramkumar Yadav S/o Arjunlal Yadav, Aged About 50 Years, R/o Putpura, Thana
     Janjgir, District Janjgri-Champa Chhattisgarh At Prasant R/o Hardibazar, Chauki-
     Hardibazar, Thana Kusmunda, District : Korba, Chhattisgarh
                                                                                   ---- Applicant
                                            Versus
    State Of Chhattisgarh Through District Magistrate Korba, District : Korba, Chhattisgarh
                                                                                ---- Respondent

03-11-2022 Mr. Samir Singh, counsel for the applicant.

Mr. Shakti Singh, P.L. for the State/Non-applicant.

Heard.

Admit.

Heard on I.A. No.1, application for suspension of sentence and grant of bail to the applicant.

This criminal revision has been filed under Section 397 read with Section

401 of CrPC against the judgment dated 20-09-2022 passed by Second

Additional Sessions Judge, Katghora, District- District Korba (C.G.) in Criminal

Appeal No.45/2018 upholding the judgment dated 27-02-2018 passed by Judicial

Magistrate First Class, Katghora, District- District Korba (C.G.) in Criminal Case

No.1948/2016 convicting and sentencing the applicant as under:-

                    Conviction                        Sentence
             U/s. 419 of IPC            S.I. for 3 years and fine of Rs. 500/- and in default to
                                        pay of fine additional S.I. for 3 months.
             U/s. 420 of IPC            S.I. for 3 years and fine of Rs. 500/- and in default to
                                        pay of fine additional S.I. for 3 months.
 U/s. 468 of IPC              S.I. for 3 years and fine of Rs. 500/- and in default to
                             pay of fine additional S.I. for 3 months.
U/s. 471 of IPC              S.I. for 3 years and fine of Rs. 500/- and in default to
                             pay of fine additional S.I. for 3 months.

All jail sentences are directed to be run concurrently. Learned counsel for the applicant submits that the applicant has a good

case on merits, he was on bail during trial as well as during pendency of the

appeal. At present he is in jail since 20-09-2022 and final disposal of this criminal

revision is likely to take some time. Therefore, the sentence awarded to the

applicant may be suspended and he may be granted bail.

On the other hand, learned counsel for the State opposes the application.

Heard learned counsel for the parties and perused the record.

From record, it appears that the applicant has been convicted under

Sections 419, 420, 468 and 471 of the IPC and sentenced to undergo S.I. for 3

years, 3 years, 3 years and 3 years respectively and to pay fine of Rs.500/- in

each count. The judgment of conviction and order of sentence recorded by the

learned trial Court has been affirmed by the learned lower appellate Court. The

applicant was on bail during trial and during pendency of the appeal, but he never

misused the liberty granted by the Courts below. At present he is in jail since 20-

09-2022 and this criminal revision is likely to take some time for its final

conclusion. Therefore, I am inclined to allow the application (I.A. No.1) for

suspension of sentence and grant of bail.

Accordingly, I.A. No.1, application for suspension of sentence and grant of

bail to the applicant, is allowed.

It is directed that the jail sentences imposed upon the applicant shall remain suspended during the pendency of this criminal revision and he shall be

released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with

one surety in like sum to the satisfaction of the trial Court for his appearance

before the Registry of this Court on 19th January, 2023. He shall thereafter

appear before the trial Court on a date to be given by the Registry of this Court

and shall continue to appear there on all such subsequent dates as are given to

him by the said Court, till disposal of this criminal revision.

Sd/-

(Rakesh Mohan Pandey) Judge

Aadil