Dildaar Singh vs The State Of Chhattisgarh
2022 Latest Caselaw 6837 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                    Criminal Revision No.1056 of 2022
Dildaar Singh, son of Raghubeer Singh, aged about 57 years, resident of Batari,
Police Station Dipka, District Korba, Chhattisgarh
                                                                  -----Applicant
                                     Versus
State of Chhattisgarh, Through District Magistrate, Korba, District Korba,
Chhattisgarh
                                                               -----Respondent

16/11/2022 Mr.Rajendra Tripathi, counsel appears on behalf of Mr.S.R.J.Jaiswal, counsel for the applicant.

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

Heard on admission.

Admit.

Also heard on I.A.No.01/2022, application for suspension of sentence and grant of bail to the applicant.

By the impugned judgment dated 28.9.2022, the Second Additional Sessions Judge, Katghora, District Korba in Criminal Appeal No. 38/2017 convicted the applicant for offences under Sections 419 and 420/34 of the IPC and sentenced to undergo S.I. for two years and S.I. for three years respectively and fine of Rs.500/- in both the sentences & in default of payment of fine to further undergo S.I. for three months on both count. He has challenged the same in this criminal revision.

Learned counsel for the applicant would submit that the applicant is having good case on merits. He would further submit that short sentence has been awarded and the applicant was on bail during trial and he is in jail since 28.9.2022. As such, the application may be allowed and the applicant may be enlarged on bail.

Per contra, learned State Cousnel for the respondent/State would opposes the bail application.

Having considered the submission of learned counsel for the parties, considering the short sentence and also considering that the applicant was on bail during trial and he is in jail since 28.9.2022, this Court is inclined to suspend the substantive jail sentence imposed on the applicant and released him on bail.

Accordingly, I.A.No.01/2022 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.25,000/- with one surety for the like sum to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12 th 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.

Certified copy as per rules.

Sd/-

                                          (Deepak Kumar Tiwari)
B/-                                            Judge