Baratlal vs State Of Chhattisgarh
2022 Latest Caselaw 6832 Chatt

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Criminal Revision No.1146 of 2022 Baratlal S/o Shoukilal Aged About 37 Years R/o Village Ghinwra, Police Station And Tahsil Dabhara, District : Janjgir-Champa, Chhattisgarh ------ Applicant Versus State Of Chhattisgarh Through The District Magistrate, Janjgir, District : Janjgir- Champa, Chhattisgarh . ---- Non-Applicant

16.11.2022 Shri Ishwar Jaiswal, counsel for the Applicant.

Shri Sudhir Sahu, PL for the State.

Heard on admission.

Admit.

Call for the records of the Court below.

Also Heard on IA No.01/2021, an application for suspension of sentence and grant of bail.

The accused/Applicant has been convicted vide judgment of

conviction and order of sentence dated 09.11.2022 passed by the 2 nd

Additional Sessions Judge, Sakti, District Janggir-Champa in Criminal

Appeal No.20/2019 for the offence under Sections 419, 467 and 468

IPC and sentenced to undergo R.I for 1 year with fine of Rs.200/- on

each count with usual default stipulation.

Learned counsel for the accused/Applicant submits that the

Applicant has been awarded a maximum sentence of one year out of

which, half of the same has already been completed. He further

submits that the Applicant was on bail during trial as well as during the period of Appeal, he is in jail since 09.11.2022, the Revision is

likely to take considerable time for its final disposal, therefore, he may

be enlarged on bail.

On the other hand, learned State counsel opposes the bail

application.

Taking into consideration the facts and circumstances of the

case, submission of learned counsel for the parties, further

considering that half of the jail sentence has already been served out

by the Applicant, the period of detention, without further commenting

anything on merits, I am inclined to suspend the jail sentence

imposed on the Applicant and grant him bail.

Accordingly, IA No.01/2021 is allowed and it is directed that the

substantive jail sentence imposed upon the Applicant shall remain

suspended during the pendency of the Revision and he shall be

released on bail on his furnishing a personal bond of Rs.25,000/- with

one surety in the like sum to the satisfaction of the concerned Court

for his appearance before the Registry on 12th of December, 2022

and thereafter before the concerned Court below on all such dates as

may be given to him till final disposal of this Revision.

Post the matter for final hearing in its due course.

Sd/-

(Deepak Kumar Tiwari) Judge Priya