Chattisgarh High Court
Rupam Pandey vs State Of Chhattisgarh on 14 November, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 804 of 2022
• Rupam Pandey S/o Devsharan Pandey Aged About 30 Years R/o New Book
Centre, Jashpur, District : Jashpur, Chhattisgarh --- Applicant.
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Jashpur,
District : Jashpur, Chhattisgarh --- Respondent.
14.11.2022 Mr. Sanjeev Kumar Sahu, Counsel for the applicant.
Mr. Sudhir Sahu, Panel Lawyer for the respondent/State.
Heard on admission.
Admit.
Also Heard on IA No.01/2021, application for suspension of
sentence and grant of bail.
2. The revision has been filed against the judgment of conviction
and order of sentence dated 29.07.2022 passed in Criminal Appeal
No.39/2016 by Additional Session Judge, Jashpur, whereby, the
conviction imposed by JMFC, Jashpur in Ciminal Case No.19/2015
under Section 420/34 of IPC was maintained and he was acquitted of
the charges under Sections 467 & 468 of IPC. While maintaining the
conviction under Section 420/34 of IPC, the Appellate Court has
sentenced the applicant to undergo RI for 2 year and 6 months with
fine of Rs.15 lacs, in default of payment of fine, to undergo six months
additional imprisonment.
3. Learned counsel for the applicant submits that applicant has
been falsely implicated in the crime in question and he has been
convicted by recording a finding, which is perverse to the record. The
applicant has been sentenced to undergo RI for 2 years and 6
months. However, counsel for the applicant submits that the applicant
has already remained in jail for more than 2 years and 3 months and
thereby he has completed more than half of the period of jail sentence
awarded to him. Therefore, sentence imposed on the appellant may
be suspended and he may be released on bail.
4. Per contra, learned State counsel opposes the submissions of
counsel for the applicant and submits that the impugned judgment is
well-merited.
5. Heard the submissions of learned counsel for the parties and
also perused the PUD received from the Jail Superintendent, Jashpur
from which it is apparent that applicant has remained in jail during trial
for 1 year and 10 months and after conviction for 4 months and 13
days. Therefore, considering the short period of jail sentence awarded
to the applicant i.e. 2 year and 6 months and that he has been
remained in jail for more than 2 years, this Court is inclined to suspend
the substantive jail sentence imposed on the applicant and release
him on bail.
6. Accordingly, IA No.1/2022 is allowed. Execution of sentence
imposed on the applicant shall remain suspended and he is directed
to be released on bail on his furnishing a personal bond for a sum of
Rs.1,00,000/- with two sureties for the like sum to the satisfaction of
the trial Court for his appearance before the Registry of this Court on
19th December, 2022. He shall thereafter appear before the
concerned 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, interval being not less than six
months, till the disposal of this revision.
As regards fine amount, it is directed that after the release of the
applicant, out of total fine amount i.e. Rs.15,00,000/- (Fifteen Lacs),
the applicant shall pay fine Rs.5,00,000/- (five lacs) and shall also file
an affidavit containing full details of the movable and immovable
properties within a period of one month before the trial Court, failing
which, this order granting bail shall automatically stand cancelled,
without further reference of the Bench.
Sd/-
(Deepak Kumar Tiwari)
Judge
Ajay
