Arjune Sen vs State Of Chhattisgarh
2022 Latest Caselaw 6611 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                      Order Sheet
                                   CRR No. 1093 of 2022
    Arjune Sen, S/o Jethuram Sen, Aged About 43 Years, R/o Sanjay Ward,
      Baloda Bazar, P.S. City Kotwali, Baloda Bazar, District Baloda Bazar-
      Bhatapara, Chhattisgarh.                                --- Applicant
                                       Versus
    State of Chhattisgarh, Through- District Magistrate Baloda Bazar, District-
      Baloda Bazar- Bhatapara, Chhattisgarh.                      ---- Non-Applicant



04.11.2022

Ms. Prachi Singh, counsel for the applicant.

Mr. Lalit Jangde, Dy. G.A. for the State.

Heard.

Admit.

Call for record of the Courts below.

Also heard on I. A. No.1/2022, 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 18.10.2022 passed by

Additional Sessions Judge, Bhatapara, District- Balodabazar-Bhatapara

(C.G.) in Criminal Appeal No.H-55/2019 upholding the judgment dated

18.10.2019 passed by Judicial Magistrate First Class, Bhatapara, District-

Balodabazar- Bhatapara (C.G.) in Criminal Case No. S-1044/2014

convicting and sentencing the applicant as under:-

             Conviction                             Sentence
 U/s. 324 of IPC                         RI for 3 months and fine of Rs.
                                        1,000/- and in default of payment of
                                        fine amount to undergo SI for 15
                                        days.

Learned counsel for the applicant submits that the maximum

sentence awarded to the applicant is 3 months RI, he was on bail during

trial as well as during pendency of appeal, disposal of this revision is likely

to take some time, therefore, the applicant may be released on bail.

On the other hand, learned counsel for the Non-applicant/State opposes the bail application (IA. No.1/2022).

Considering the facts & circumstances of the case, the short

sentence of 3 months has been inflicted upon the applicant, the applicant

was on bail during trial as well as during pendency of appeal, he is in jail

since 18.10.2022 and final disposal of this revision is likely to take some

time, I am inclined to allow the application (I.A. No.1/2022)

Accordingly, I. A. No.1 is allowed.

It is directed that the execution of 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.50,000/- with one surety in the like sum to

the satisfaction of the trial Court.

The applicant shall appear before the Registry of this Court on

19.01.2023 and thereafter appear before the trial Court on a date to be

given by the Registry and thereafter continue to appear before the trial Court on all such dates as are given to him by the said Court till disposal

of this criminal revision.

List the case for final hearing.

Sd/-

(Rakesh Mohan Pandey) Judge

Nadim